The new National Institutes of Health (NIH) Policy on the Use of a Single Institutional Review Board (sIRB) for Multi-Site Research was adopted primarily to simplify and speed the review of complex multisite clinical trials. However, speeding review requires overcoming a number of obstacles. Perhaps the most substantial obstacle is the time and effort needed to develop reliance agreements among the participating sites. We conducted 102 semistructured interviews with sIRB personnel, including directors, chairs, reviewers, and staff, from 20 IRBs (...) that acted as sIRBs for multisite research, including 6 commercial/independent sIRBs, and 10 university-based academic and 4 federal sIRBs. Almost without exception, the interviewees agreed that reliance agreements were complex, difficult to develop, and time-consuming. A major problem for relying sites was that different agreements specified different responsibilities for the relying sites. Attitudes differed about whether these problems will be resolved as IRB staff and managers become more experienced with sIRBs. However it is clear that the process of developing reliance agreements must be simplified. Federal assistance in standardizing at least some sections of reliance agreements might reduce the difficulties involved. (shrink)

The aim of this paper is to clarify what kind of normativity characterizes a convention. First, we argue that conventions have normative consequences because they always involve a form of trust and reliance. We contend that it is by reference to a moral principle impinging on these aspects (i.e. the principle of Reliability) that interpersonal obligations and rights originate from conventional regularities. Second, we argue that the system of mutual expectations presupposed by conventions is a source of agreements. Agreements (...) stemming from conventions are “tacit” in the sense that they are implicated by what agents do (or forbear from doing) and without that any communication between them is necessary. To justify this conclusion, we assume that: (1) there is a salient interpretation, in some contexts, of everyone’s silence as confirmatory of the others’ expectations (an epistemic assumption), and (2) the participating agents share a value of not being motivated by hostile attitudes (a motivational assumption). By clarifying the relation between conventions and agreements, the peculiar normativity of conventions is analyzed. (shrink)

Due to its specificity, the legal institute of preliminary agreement poses a number of questions. This pre-contractual agreement is not yet a contract. Therefore, the form and scope of legal protection will not be the same as that guaranteed to contracting parties. However, the European legal systems would claim that the relationships between the parties during pre-contractual negotiations have to be regulated and protected by the law. The first part of this article deals with the legal nature of (...) pre-contractual liability: tort, contractual or sui generis. The question of determining the type of applicable civil liability for breach of a preliminary agreement still remains a matter under debate in the Lithuanian legal doctrine as well as in legal practice. Taking into account the specific interest that may be infringed and the fact that the aggrieved party cannot recover the expectations it had in profit of the sought contract, including the remedy of the right of performance, there is nosufficient reason to apply contractual legal regime for breach of the preliminary agreement either. Hence, the special nature of the pre-contractual phase merits special treatment. In the Lithuanian legal system, liability for breach of a preliminary agreement should therefore be qualified as a separate sui generis kind of liability. In fact, the biggest problem is the scope of damages recoverable under the preliminary agreement. As far as the tendencies of a legal doctrine and jurisprudence of Lithuania and other countries are concerned, the aggrieved party should be compensated not only the direct expenses incurred during the negotiations, but also the value of lost opportunity, which must be based on real, proven, unavoidable income or expenses. It is not possible to claim the profit which would have resulted had the main contract been concluded (the so-called expectation damages). Recent tendencies show that the Lithuanian courts are prone to make no distinction between the concept of the lost opportunity to conclude a transaction with a third party (as reliance damages) and lost profits as expectation damages. The reason for such an interpretation is the fact that the value of lost opportunity can be determined by applying the principle of price difference provided in Article 6.258(5) of the Lithuanian Civil Code, which is used for contractual liability. This principle should be applied in accordance with the Commentary on the UNIDROIT Principles of International Commercial Contracts and in the context of the nature of the preliminary agreement. Therefore, the aggrieved party may claim compensation for damages in the amount of difference between the price of the contract that has not been concluded with a third party and the price of the replacement contract. Such an interpretation reflects the compensatory function of the recovery of the value of the lost opportunity. (shrink)

This article proposes a rigorous method to “map” the law on to the facts in the legal analysis of “sexual consent” using a series of mandatory questions of law designed to eliminate the legal errors often made by decision-makers who routinely rely on personal beliefs about and attitudes towards “normal sexual behavior” in screening and deciding cases. In Canada, sexual consent is affirmative consent, the communication by words or conduct of “voluntary agreement” to a specific sexual activity, with a (...) specific person. As in many jurisdictions, however, the sexual assault laws are often not enforced. Reporting is lowest and non-enforcement highest in cases involving the most common type of assailants, those who are not strangers but instead persons the complainant knows, often quite well -- acquaintances, supervisors or co-workers, and family members. Reliance on popular narratives about “seduction” and “stranger-danger” leads complainants, police, prosecutors, lawyers, and trial judges, to truncate legal analysis of the facts and leap to erroneous conclusions about “consent.” Wrongful convictions and perverse acquittals, questionable plea bargains and ill-considered decisions not to charge, result. This proposal is designed to curtail the impact of pre-judgments, assumptions, and biases in legal reasoning about voluntariness and affirmative agreement and produce decisions that are legally sound, based on the application of the rule of law to the material facts. Law has long had better tools than the age-old and popular tales of “ravishment” and “seduction.” Those tools can and should be used. (shrink)

Reasonable people agree that whenever possible, we ought to rely on experts to tell us what is true or what the best course of action is. But which experts should we rely on and with regard to what issues? Here, I discuss several dangers that accompany reliance on experts, the most important one of which is this: positions that are offered as expert opinion frequently contain elements outside an expert’s domain of expertise, for instance, values not intrinsic to the (...) given domain. I also talk about the practical implications of accepting my view. (shrink)

In Morals by Agreement, David Gauthier tries to provide a justification of morality from morally neutral premises within the constraints of an instrumental conception of reason. But his reliance on this narrow conception of reason creates problems, for it suggests that moral motivation is self-interested. However, Gauthier holds that to act morally is to act for the sake of morality and others, not oneself. An individual who so acts has what he calls an affective capacity for morality. He (...) attempts to reconcile the tension between the self-interested account of moral behaviour and the affective capacity for morality by showing that the latter could develop from the former without violating the constraints of instrumental rationality. I argue, first, that his account is incomplete and assumes what it has to demonstrate; and, second, that this cannot be remedied with any plausibility. Finally, I argue that Gauthier covertly relies on a substantive claim about human good that is inconsistent with the instrumental conception of reason. (shrink)

In this article we develop and defend what we call the “Trust View” of promissory obligation, according to which making a promise involves inviting another individual to trust one to do something. In inviting her trust, and having the invitation accepted (or at least not rejected), one incurs an obligation to her not to betray the trust that one has invited. The distinctive wrong involved in breaking a promise is a matter of violating this obligation. We begin by explicating the (...) core notion of “inviting someone to trust one to do something”, suggesting that it involves signaling to the other individual one's recognition of the importance the relevant action has for her, and one’s willingness to license her to have faith or optimism in one's character with regard to the performance of that action. We then turn to a defense of the Trust View, arguing that it has considerable appeal in its own right, that it is distinct from and superior to three similar accounts (T.M. Scanlon's Assurance View, Judith Jarvis Thomson's Reliance View and David Owens' Authority View), and that several objections to it can be answered. (shrink)

Background Informed consent is often cited as the “cornerstone” of research ethics. Its intent is that participants enter research voluntarily, with an understanding of what their participation entails. Despite agreement on the necessity to obtain informed consent in research, opinions vary on the threshold of disclosure necessary and the best method to obtain consent. We aimed to investigate Australian researchers’ views on, and their experiences with, obtaining informed consent. Methods Semi-structured interviews were conducted with 23 researchers from NSW institutions, (...) working in various fields of research. Interviews were analysed and coded to identify themes. Results Researchers reported that consent involved information disclosure, understanding and a voluntary decision. They emphasised the variability of consent interactions, which were dependent on potential participants’ abilities and interests, study complexity and context. All researchers reported providing written information to potential participants, yet questioned the readability and utility of this information. The majority reported using signed consent forms to ‘operationalise’ consent and reported little awareness of, and lack of support in implementing more dynamic informed consent procedures, such as verbal informed consent, that was fit for the purposes of their studies. Views on Human Research Ethics Committees varied. Some reported inconsistent, arduous inputs on the information form and consent process. Others expressed reliance on HRECs for guidance, viewing them as institutional safeguards. Conclusions This study highlights the importance of transparent relationships, both between researchers and participants, and between researchers and HRECs. Where the relationship with study participants was reported as more robust, researchers felt that they were better able to ensure participants made better, more informed decisions. Where the relationship with HRECs was reported as more robust, researchers were more likely to view them as institutional safeguards, rather than as bureaucratic hindrances. Conscientious and mindful researchers are paramount to ensuring the procedure accommodates individual requirements. This study advocates that when designing ethical informed consent practices, researchers should be integrated as autonomous players with a positive input on the process, rather than, in the worst case, predatory recruiters to be curtailed by information forms and oversight. (shrink)

Dr. Lacewing’s paper is a very interesting one. We agree in part, but only in part. Lacewing (2012) rejects the general thesis that “causal inferences must always be justified on the basis of Mill’s canons” (p. 199). I agree, but so does his target, Adolf Grünbaum, as we shall see in a moment. But first there is a question about Grünbaum’s alleged reliance on Mill’s Methods of Agreement and Difference. This interpretation may not make a difference to Lacewing’s (...) arguments, but it is worth correcting, given that some philosophers criticize both methods and yet their criticisms have no direct bearing on any of Grünbaum’s arguments. When Grünbaum speaks of “Millian methods,” he is not necessarily talking .. (shrink)

The principle of publicity is one of the fundamental principles of property law: property rights should be made public in order to inform third parties about the existence of the property right and its holder and thereby to foster legal certainty and efficiency. The publicity of ownership in immovable property is achieved through registration of ownership in the public register. However, the problem arises because of the unavoidable discrepancies between the data contained in the public register and the factual situation. (...) Different states choose different models to solve the practical problems arising out of the aforementioned discrepancies. On the one hand, Lithuania belongs to the group of states that implement the so-called declaratory system of registration, i.e. the transfer of ownership is based on an agreement or other legal grounds and the registration is not mandatory but provides the transfer with a third-party effect. This can be seen as a proof of priority of a factual situation over the registered data. On the other hand, Lithuanian laws provide the data of the register with some positive reliance, i.e. third parties are not only protected from claims arising out of unregistered rights (negative reliance), but they can also rely on the transcripts in the register. This is especially true in the case of bona fide transferee of immovable property which with some minor exceptions acquires ownership even from a non-owner, if the latter honestly relied on the data of the register. This regulatory framework is further adopted and transformed by the case law of the Lithuanian courts. The analysis of the latter shows that courts are inclined to rely more on the factual situation and easily deny the meaning of the registered rights. In various ways, the concept of the bona fide transferee is restricted and there are instances of positive duties ascribed to them. Besides, the existing case law demonstrates equivocal attitude towards the legal effects of registered data. Such tendencies of case law may hinder the rule of positive reliance and cause greater legal uncertainty. (shrink)

Failure, success's ugly sister, is inevitable - cognitively, biologically and morally. We all make mistakes, we all die, and we all get it wrong. A chain of flaws can be traced through all phenomena, natural and human. We see impending and actual failures in individual lives, in marriages, careers, in religion, education, psychotherapy, business, nations, and in entire civilizations. And there are chronic and imperceptible failures in everyday domains that most of the time we barely notice, often until it is (...) too late. Colin Feltham expores what constitutes failure across a number of domains. He takes guidance from the work of such diverse philosophers and thinkers as Diogenes, Epictetus, Augustine, Schopenhauer, Kierkegaard, Heidegger, Sartre, Camus, Cioran and Ricoeur, while also drawing on the insights of artists and writers such as van Gogh, Arthur Miller, Philip Larkin, Samuel Beckett, Charles Bukowski and Philip Roth. Precursors and partial synonyms for failure can be seen in the concepts of hamartia, sin, fallenness, non-being, false consciousness and anthropathology. Philosophy can help us but is itself, in its reliance on language and logic, subject to inherent flaws and failures. It is the very pervasiveness yet common denial of failure which makes it a compelling topic that cries out for honest analysis. We live in a time when the cliche of failed Marxism may be segueing frighteningly into the failure of 'selfish capitalism', in a time of geopolitical uncertainty and failure to address the dire need for agreement and action on climate change. But many of us are also painfully aware of our own shortcomings, our own weakness of will and lack of authenticity. Trying to identify where the lines may be drawn between individual responsibility, social policy, and historical and biological dark forces is a key challenge in this fascinating book. (shrink)

This essay examines the strategies that Berkeley and Dharmakīrti 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 Dharmakīrti, in accounting for intersubjective agreement causally, is able to avoid Berkeley’s shortcoming. I conclude by considering a challenge to Dharmakīrti’s use of inference that Ratnakīrti, a Buddhist successor of Dharmakīrti, 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)

So runs postwar history, we learn from the opening paragraph of a front-page story by New York Times political analyst David Sanger. But times are changing. Today, the headline reads: "U.S. Is Exporting Its Free- Market Values Through Global Commercial Agreements." Going beyond the traditional reliance on the UN, the Clinton administration is turning to the new World Trade Organization (WTO) to carry out the task of "exporting American values." Down the road, Sanger continues (quoting the U.S. trade representative), (...) it is the WTO that may be the most effective instrument for bringing "America’s passion for deregulation" and for the free market generally, and "the American values of free competition, fair rules, and effective enforcement," to a world still fumbling in darkness. These "American values" are illustrated most dramatically by the wave of the future: telecommunications, the Internet, advanced computer technology, and the other wonders created by the exuberant American entrepreneurial spirit unleashed by the market, at last freed from government interference by the Reagan revolution. (shrink)

In 1924The Classical Quarterlypublished a note by Alexander Haggerty Krappe titled ‘Euripides’Alcmaeonand the Apollonius Romance’. Drawing attention to the obscure origins of the ancient Greek and Roman novels in general and pointing out the scholarly agreement on the role love plays in both the ancient novels and Euripidean tragedy, Krappe observed that ‘Euripides was drawn upon for whole episodes in order to enrich the plot of the [ancient] novel’. Krappe then goes on in his note to attribute the plot (...) of Euripides' lostAlcmaeonas a source of inspiration for one of the major episodes of theHistoria Apollonii Regis Tyri. Today, this reliance of the ancient novels on Euripides is generally recognized, but, curiously, Krappe, while identifying an episode from the lostAlcmaeon, failed to identify a clear plot-borrowing from another extant Euripidean play, theAlcestis. (shrink)

This paper discusses contemporary advancements in the affective sciences that can inform the music-emotion literature. Key concepts in these theories are outlined, highlighting their points of agreement and disagreement. This summary shows the importance of appraisal within the emotion process, provides a greater emphasis upon goal-directed accounts of behavior, and a need to move away from discrete emotion “folk” concepts and toward the study of an emotional episode and its components. Consequently, three contemporary music emotion theories are examined through (...) a skeptical lens. This critique highlights the over-reliance upon categorization and a lack of acknowledgment of appraisal processes, specifically goal-directed appraisal, in examining how individual experiences of music emerge in different contexts. Based on this critique of current music-emotion models, we present our skeptically informed CODA model - Constructivistly-Organised Dimensional-Appraisal model. This model addresses skeptical limitations of existing theories, reinstates the role of goal-directed appraisal as central to what makes music relevant and meaningful to an individual in different contexts and brings together different theoretical frameworks into a single model. From the development of the CODA model, several hypotheses are proposed and applied to musical contexts. These hypotheses address theoretical issues such as acknowledging individual and contextual differences in emotional intensity and valence, as well as differentiating between induced and perceived emotions, and utilitarian and aesthetic emotions. We conclude with a sections of recommendations for future research. Altogether, this theoretical critique and proposed model points toward a positive future direction for music-emotion science. One where researchers can take forward testable predictions about what makes music relevant and meaningful to an individual. (shrink)

Though the psychoanalytic method of interpretation is seen by psychoanalysts as a reliable scientific tool for investigating the unconscious mind, its reputation has long been marred by what’s known as the consensus problem: where different analysts fail to reach agreement when they interpret the same phenomena. This has long been thought, by both practitioners and observers of psychoanalysis, to undermine its claim to scientific status. The causes of this problem, however, are dimly understood. In this paper I attempt to (...) illuminate one important cause of the consensus problem by investigating the role which reliance on ‘associative evidence’ has in generating consensus failures. Various options for overcoming the difficulties with this form of clinical evidence are then examined. It is argued that these problems can be mitigated by the notion of overall associative fit, though they are exacerbated by certain loose standards used for what counts as acceptable associative evidence. The possibility of using more rigorous standards is discussed. (shrink)

I consider Ralph Waldo Emerson’s creative appropriation of a philosophical doctrine that helps to make sense of an attitude towards life, its gifts and its burdens, that is often expressed in Puritan diaries. The doctrine, now known as the doctrine of continuous creation, holds that in conserving the world, God re-creates it at every moment, making the same creative effort at each ever-advancing now that God made at the very beginning. Continuous creation was explicitly endorsed by at least one Puritan (...) diarist, Jonathan Edwards, and it helps to explain the intense self-inspection and valiant response to life to which other Puritan diarists (including Emerson's aunt, Mary Moody Emerson) testify. Continuous creation was an important ingredient in the idealism of Edwards and, once translated, it became an important ingredient in the idealism of Emerson. My primary aim to describe Emerson’s creative translation of the doctrine as Edwards understood it, but I also discuss Emerson's relation to the Puritan diary, considered as a literary form. I close by suggesting that for us, a version of the doctrine of continuous creation can perhaps be a source of optimism and an incentive to action, as I believe it was for Emerson. I also comment briefly on Emerson's grateful reliance on text-to-text translations. When Emerson studied translations of sacred texts from around the world, what he heard was not difference and dissent, but agreement: agreement on the very points that united him with Edwards, different as they were in other ways. (shrink)

In today’s America the persistence of crushing poverty in the midst of staggering affluence no longer incites the righteous jeremiads it once did. Resigned acceptance of this paradox is fueled by a sense that poverty lies beyond the moral and technical scope of government remediation. The failure of experts to reach agreement on the causes of poverty merely exacerbates our despair. Are the causes internal to the poor – reflecting their more or less voluntary choices? Or do they emanate (...) from structures beyond their control? If both of these explanations are true, poverty experts will need to shift their focus to a hitherto under-theorized concept: coercion. I defend this claim by appealing to distinct areas of philosophical inquiry: social epistemology and moral theory. Poverty knowledge is directly related to both of these inquiries. The aim of poverty knowledge is clearly moral: to reduce suffering and to empower the weak. While the former aim is grounded in utilitarian thinking, the latter aim is grounded in the social contractarian insight that poverty is unjustly coercive, imposing excessive limits on the opportunities and choices of the poor that render them vulnerable to domination by others. Equally obvious is the social nature of poverty knowledge. All knowledge depends on the reliable testimony of others. Poverty knowledge not only ostensibly offers us the most reliable, scientific beliefs about the causes and effects of poverty, thereby determining how we morally judge the poor and their poverty, but it reciprocally bases its understanding of poverty on what the poor themselves have to say about it. What unites both social epistemology and moral theory – at least the social contract variants I will be examining here – is concern about the limits and possibilities of rational choice. As poverty knowledge came of age in the fifties and sixties, it absorbed the language of rational choice prevalent in economics, especially the Keynesian economics whose moral underpinnings can be found in Rawlsian social contract theory. Echoing a different economic theory supported by a different, more libertarian, brand of social contract theory, poverty expertise in the eighties continued to use an abstract model of rational choice. I submit that, in both early and later epochs of poverty expertise, reliance on rational choice reasoning prevented poverty experts from appreciating the coercive impact of poverty on the poor. Social epistemology explains this failure by demonstrating the poverty of rational choice thinking and its mistaken reliance on inflated commonsense expectations about the capacity of individuals to calculate their long-term interests, free from the distortions of social bias. Social epistemology not only exhibits the dangers of not relying on expert testimony, but it also exhibits the dangers of relying on an unreliable source of expert testimony that has removed itself from its human subject matter. In order for poverty experts to become more reliable educators about poverty’s coercive impact on the poor they must return to their discipline’s social epistemological roots. Only a more descriptive and explanatory sociology can narrate a comprehensive story about how the lived experience of poverty relates to the larger social system. The social contractarian model best suited to underwriting this kind of poverty knowledge, I submit, is the discourse theoretic model that has been championed by Jürgen Habermas. When applied as a pedagogical method of dialog and not as a social contractarian model of rational normative consent, discourse theory highlights the unique epistemological advantages of empathetic understanding that are so essential to dispelling stereotypes about the poor. Dispelling these stereotypes is the first step toward respecting the poor as free agents who are nonetheless forced to make suboptimal choices. My defense of these claims proceeds as follows: Part One argues that poverty expertise rightly deserves the opprobrium critics have heaped on it. The charge – leveled by progressives and conservatives alike - that such expertise is ideological is true to the extent that poverty knowledge has all-too-easily accommodated the political aims of the agency that has funded it: the federal government. The shift from the war on poverty to the war on the poor – and the resulting shift from blaming poverty on economic structures to blaming it on the culture of poverty – would not have been possible without an increased emphasis on data gathering aimed at measuring poverty rather than describing it. Part Two assesses the consequences of turning away from qualitative research to statistical analysis: the coercive nature of poverty becomes invisible beneath the surface of aggregate individual choices. The failure to grasp how voluntary choices, ostensibly based on rational, self-interested calculations, can be coerced by social structures - and thereby lead to sub-optimizing behavior – invites the conclusion that the poor have only themselves to blame for their misery. Part Three suggests that this pathologization of the poor directly controverts the major aim of poverty research: to empower the poor as free and equal parties to the social contract. I argue that the different varieties of social contract theory that have justified poverty expertise over the last forty years – the welfarist model pioneered by Rawls and the market-based model defended by Nozick – embrace the same rational choice models favored by poverty experts and so conspire with the latter in neglecting important dimensions of poverty-related coercion. While the welfarist model conceals the coercive nature of bureaucratically administered entitlement programs and top-down urban renewal policies, the market-based model conceals the coercive nature of economic class structures. The discourse-theoretic alternative proposed by Habermas endorses a populist, democratic response to the overly abstract rational choice assumptions embedded in these other models. Despite this advance over its counterparts, the chief advantage of discourse theory for poverty knowledge, I submit, resides less in its proposed procedure of rational collective choice than in its heuristic as a dialogical method of social learning. I demonstrate this claim in Part Four, where I turn to the social epistemological insights of Allen Buchanan. Social epistemology offers a much needed corrective to theories of knowledge that rely on the reasoning capacities of isolated individuals. By stressing the connection between moral response and social belief, on one hand, and the dependence of social belief on epistemic authorities, on the other, social epistemologists suggest ways in which we can learn to distinguish reliable from unreliable authorities and become aware of our own error-prone cognitive proclivities. Their insights need to be supplemented by moral epistemologists who stress the affective dimension of knowledge, above all, the role that empathy plays in understanding the plight of others. Drawing from victim narratives, Diana Meyers shows that switching between first-person experiences of one's own and third-person reconstructions of others' experiences is essential to appreciating the gravity of human rights violations and the seriousness of human rights claims. It goes without saying that such empathy is just as essential to understanding the plight of the poor. Meyers mainly has in mind empathetic understanding that has been facilitated by third-person observation and literary encounter, but the importance of visceral and corporeal representation suggests that face-to-face dialog may sometimes be a more effective way to facilitate empathetic understanding. (shrink)

Almost seventy years after the seminal decision of the House of Lords in Donoghue v. Stevenson, the boundaries of negligence are still as blurred as ever. Some of the vagueness surrounding this tort is inescapable. It is an unavoidable price paid for the reliance on abstract, open-ended, amorphous, and incoherent notions. Indeed, there is no universal agreement even as to the meanings to be attached to the various components of this tort, such as the "reasonable person," proximity, and (...) reliance. The boundaries of negligence are determined particularly through the filter of the duty of care. This article discusses the development of the concept of duty of care and the nature of negligence as analyzed through the prism of this duty. (shrink)

How should we understand the duties between those who share in parenting a child? Those who engage in shared parenting have duties to each other derived from the child's interests, but they also have additional duties to each other as sharers in parenting. The intentional account of duties between parents appears unable to explain the stringency of duties of shared parenting, as it seems to permit a parent to relinquish unilaterally their duties of shared parenting. Drawing on the work of (...) Bratman, Alonso, and Scanlon, I develop a shared intention account of duties of shared parenting. Duties of shared parenting are constituted by the distinctive combination of the value of reliance in shared intentions, the importance of assurance in agreements, the significance of autonomy is deciding one's goals, and the entitlement to choose with whom one shares the intimacy of parenting. On this view, duties of shared parenting are shown to be stringent, but not duties of strict performance. Thus, I argue that the intentional account of parental duties is able to explain the stringency of duties of shared parenting. (shrink)

This dissertation is a philosophical contribution to the theories on trust and on risk communication. The importance of trust in risk communication has been argued for and empirically studied since the 80s. However, there is little agreement on the notion of trust and the precise function of trust. This thesis sets out to study both aspects from a philosophical point of view. The dissertation consists of five essays and an introduction. Essay I is a comment on risk perception theory (...) and the psychometric model in particular. The essay argues that sometimes individuals take risks simply because they are in a vulnerable position and have no other choice. Four factors are identified as crucial in risks from vulnerability: poor outset conditions, lack of reasonable options, hope and liability to disinformation. Essay II addresses the democratic approach to risk communication and the ideal of risk communication as a dialogue between more or less equal stakeholders. The essay develops a typology of different risk communication practices and influence distributions and concludes that the form of risk communication most commonly referred to in the literature is of the most imbalanced kind where all three types of influence falls to the same party. Essay III argues that trust can be understood as comfortable defocusing. Trust as comfortable defocusing means that when a person trusts, he or she is comfortable with letting certain things be in the hands or in the control of the trusted other. Departing from this idea a definition of trust is proposed consisting of three elements: the truster’s comfortable defocusing from the trusted person’s part of caring for X, based on a belief about the trusted person’s care for X, concerning something of concern to the truster. Essay IV explores the concept of trustworthiness and under which conditions trust can be betrayed in a morally justified way. It is argued that two aspects are essential for every reasonable notion of trustworthiness: reliability in terms of commitment to trust and predictability in terms of compliance with norms. In order to be untrustworthy in a morally justified way two major conditions need to be fulfilled: first, what is expected from the trustee needs to be either immoral or part of an ongoing immoral or unjust relationship between truster and trustee and, secondly, the trustee must not be in a position to explicitly reject trust. Essay V examines two of the most employed distinctions within the trust literature, that of trust/confidence and of trust/reliance. These distinctions are evaluated against a set of five criteria. It is argued that both these distinctions are employed to cover several distinguishing properties, thus adding to conceptual confusion. (shrink)

Globalized in 1995 through the TRIPs Agreement, humanity’s dominant mechanism for encouraging innovations involves 20-year product patents, whose monopoly features enable innovators to reap large markups or licensing fees from early users. Exclusive reliance on this reward mechanism in the pharmaceutical sector is morally problematic for two main reasons. First, it imposes a great burden on poor people who cannot afford to buy patented treatments at monopoly prices and whose specific health problems are therefore neglected by pharmacological research. (...) Second, it discourages pharmaceutical firms from fighting diseases at the population level with the aim of slashing their incidence. These problems can be alleviated by establishing a supplementary alternative reward mechanism that would enable pharmaceutical innovators to exchange their monopoly privileges on a patented product for impact rewards based on the actual health gains achieved with this product. As such, an international Health Impact Fund would create powerful new incentives to rapidly develop remedies against diseases concentrated among the poor, provide such remedies with ample care at very low prices, and deploy them strategically to contain, suppress, and ideally eradicate the target disease. By promoting innovations and their diffusion together, the HIF would greatly enlarge the benefits, and thereby also the cost-effectiveness, of the pharmaceutical sector, especially in favor of the world’s poor. (shrink)

This article engages with Goldenberg's desire to abandon transcendence since it is the enemy of autonomy and to once more encounter corporeality as the site of immanence. The author is in agreement with Goldenberg but attempts to show that the negative outcomes associated with a reliance on transcendence are not necessary and have been produced by a false understanding on the part of Christianity.

Ken Binmore has written an exciting book and I am in complete agreement with his objectives and conclusions. But his approach is flawed because of his reliance on tools of analysis to understand the way the mind and brain have developed that are not up to explaining our evolving understanding of the human environment.

This guide accompanies the following articles: Sonia Roca‐Royes, ‘Essentialism vis‐à‐vis Possibilia, Modal Logic, and Necessitism.’Philosophy Compass 6/1 (2011): 54–64. doi: 10.1111/j.1747‐9991.2010.00363.x. Sonia Roca‐Royes, ‘Essential Properties and Individual Essences.’Philosophy Compass 6/1 (2011): 65–77. doi: 10.1111/j.1747‐9991.2010.00364.x. Author’s Introduction Intuitively, George Clooney could lose a finger and he would still be him. Also intuitively, he could not lose his humanity without ceasing to be altogether. So while he could have one less finger, he could not be other than human. These intuitions suggest that (...) there are two kinds of properties: on the one hand, there are essential properties and, on the other, there are accidental properties. Essentialism is the view that captures those intuitions and claims that some of an object’s properties are essential and some are accidental. Essential properties are often appealed to in metaphysical arguments. Consider the famous Goliath–Lumpl example. Goliath is a clay‐statue, and Lumpl is the piece of clay from which Goliath is made. Are Goliath and Lumpl the same entity, or are they distinct, despite coinciding in the same spatial region (at least for a period of time)? An argument in favour of their distinctness appeals to essential properties. Let s be Goliath’s shape. Lumpl’s current shape is therefore also s. It seems that Lumpl could lose its current shape and still exist. Yet, if Goliath – the statue – were melted, for instance, it would cease to exist. Behind this reasoning is the belief that having shape s is essential to Goliath but not to Lumpl. Goliath and Lumpl can therefore be distinguished by their essential properties. Consequently, and by Leibniz’s Indiscernibility of Identicals– according to which identicals cannot be distinguished – Goliath and Lumpl are distinct objects. The essentialist intuition appealed to in this argument is that shapes are essential to statues but not to pieces of clay. Of course, this particular argument – like any other – can be resisted. It is all the same a good illustration of how essentialism is put to work in metaphysics. A good understanding of the broad phenomenon of essentialism is therefore an unavoidable task, since the credit of a lot of metaphysical arguments partially depends on it. Although the topic has been studied for millenniums, the two papers that this guide accompanies are focused on contemporary issues in essentialism, and so will do this guide too. Author Recommends Fine, Kit. ‘Essence and Modality.’Philosophical Perspectives 8 (1994): 1–16. One of the most cited and influential papers against the modal account of the notion of essence and in favour of what has subsequently been referred to in the literature as ‘the Finean account of the notion of essence’. Forbes, Graeme. The Metaphysics of Modality. Oxford: Clarendon Press, 1985. A foundational work in modality and essentialism. The first two chapters provide a valuable introduction to propositional and first order modal logic. Chapters 5–8 constitute a comprehensive essentialist theory and contain some of the most cited arguments for individual essences. Kripke, Saul. Naming and Necessity, Cambridge, MA: Harvard UP, 1972/1980. Another foundational work. With this book – which is, among other things, a defence of a Direct Theory of Reference – Kripke rescues, after Quine’s powerful attacks against it, and using the semantic rigidity of proper names, (Aristotelian) essentialism. Mackie, Penelope. How Things Might Have Been: Individuals, Kinds and Essential Properties. Oxford: Clarendon Press, 2006. An extremely valuable recent contribution to the field. Here, Mackie defends that, although essentialism is a real phenomenon, there are much fewer essential properties than is standardly believed, and labels this view ‘Minimalist Essentialism’. Beyond the intrinsic interest of the defence of Minimalist Essentialism, the book is also highly recommended for its clear reconstructions – and discussions – of some of the most influential essentialist arguments. In addition, the book’s bibliography is very comprehensive and updated, and it might be a useful resource for students. Plantinga, Alvin. The Nature of Necessity. Oxford: OUP, 1974. Yet another foundational work. Here, Plantinga offers his essentialist theory which, like Forbes’, also incorporates individual essences although of a very different sort from Forbes’. Plantinga believes in purely non‐qualitative individual essences, whereas Forbes’ aims at purely qualitative ones. The book is also excellent to provide a solid background to those unfamiliar with the topic. Roca‐Royes. ‘Essentialism vis‐à‐vis Possibilia, Modal Logic and Necessitism.’Philosophy Compass, 6/1 (2011): 54–64, doi: 10.1111/j.1747‐9991.2010.00363.x. This is one of the two papers this guide accompanies. It contains a comparative examination of two opposed responses to the problem of possibilia. One solution crucially appeals to individual essences and another – compatible with them, but not dependent on them – makes existence a necessary‐whenever‐possible property. Salmon, Nathan. Reference and Essence. Princeton: Princeton UP, 1981. Against what Kripke’s Naming and Necessity might have induced us to believe, Salmon’s Reference and Essence argues that essentialism cannot be derived from the Direct Theory of Reference. Our commitments to essentialism should therefore come from somewhere else. It also contains one of the most cited and influential arguments against the transitivity of the accessibility relation between worlds, which relies on flexible essential properties. Online Materials The Stanford Encyclopedia of Philosophy publishes extremely valuable entries on a vast variety of topics which are conveniently updated and revised. On essentialism, the following are to be highlighted: Teresa Robertson, ‘Essential vs. Accidental Properties’: Takashi Yagisawa, ‘Possible Objects’: Penelope Mackie, ‘Transworld Identity’: PhilPapers is an interactive directory of online philosophical publications to which one can subscribe, and which allows authors to submit their latest work. One might find it useful to check this on a regular basis, since contents are constantly updated. The following link is to the site’s resources on essentialism:. Sample Syllabus Because the phenomenon of essentialism is very broad, one can design an entire course on it, thereby having enough time to see some of the issues in considerable depth. The sample syllabus suggested here is of one such course, focusing exclusively on contemporary issues in essentialism. Less deeply, the topic of essentialism can also be introduced in a general course on metaphysics or on modality. To this effect, focusing on some of the topics suggested in weeks 1–6 below would perhaps be more appropriate than focusing on the more complex issues suggested for weeks 7–10. Week 1. Introduction to Essentialism. Two Notions of Essential Property: The Modal Account and the Finean Account Fine, Kit. ‘Essence and Modality.’Philosophical Perspectives 8 (1994): 1–16. Robertson, Teresa. ‘Essential vs. Accidental Properties.’Stanford Encyclopedia of Philosphy (Fall 2008 Edition). Ed. Edward N. Zalta. URL:. Roca‐Royes, Sonia. ‘Essential Properties and Individual Essences.’Philosophy Compass, 6/1 (2011): 65–77. Sections 1–2. Week 2. Essentialist Principles, I: Three Arguments for the Essentiality of Origin Kripke, Saul. Naming and Necessity. Cambridge, MA: Harvard UP, 1972/1980. Lecture III. Mackie, Penelope. ‘Identity, Time and Necessity.’Proceedings for the Aristotelian Society 98 (1998): 59–78. Rohbraugh, Guy and deRosset, Louis. ‘A New Route to the Necessity of Origin.’Mind 133 (2004): 705–25. Week 3. Essentialist Principles, II: Essentiality of Kind Brody, Baruch. ‘Natural Kinds and Real Essences.’Journal of Philosophy 64 (1967): 431–46. Mackie, Penelope. How Things Might Have Been: Individuals, Kinds and Essential Properties. Oxford: Clarendon Press, 2006. Chapters 7 and 8. Wiggins, David. Sameness and Substance Renewed. Cambridge: Cambridge UP, 2001. Chapter 3. Week 4. Essentialist Principles, III: Natural Kind Essentialism Kripke, Saul. ‘Identity and Necessity.’Identity and Individuation, Ed. M. K. Munitz. New York: New York University Press, 1971. 135–64. Kripke, Saul. Naming and Necessity. Cambridge, MA: Harvard UP, 1972/1980. Lecture III. Putnam, Hilary. ‘The Meaning of “Meaning”.’Minnesota Studies in the Philosophy of Science 7 (1975): 215–71. Week 5. Sufficient‐for‐Existence Properties (and Cross‐World Identification Principles) Chisholm, Roderick. ‘Identity through Possible Worlds: Some Questions.’Noûs 1.1 (1967): 1–8. Mackie, Penelope. How Things Might Have Been: Individuals, Kinds and Essential Properties. Oxford: Clarendon Press, 2006. Chapter 3. Salmon, Nathan. Reference and Essence. Princeton: Princeton UP, 1981. Chapter 7. Week 6. Individual Essences Mackie, Penelope. ‘Transworld Identity.’The Stanford Encyclopedia of Philosophy (Fall 2008 Edition). Ed. Edward N. Zalta. URL:. Section 4. Roca‐Royes, Sonia. ‘Essential Properties and Individual Essences.’Philosophy Compass 6/1 (2011): 65–77. Sections 3–4. Week 7. Flexible Essential Properties and S4 Roca‐Royes, Sonia. ‘Essentialism vis‐à‐vis Possibilia, Modal Logic, and Necessitism.’Philosophy Compass 6/1 (2011): 54–64. Section 3. Salmon, Nathan. Reference and Essence. Princeton: Princeton UP, 1981. Appendix 1. Week 8. Individual Essences and Possibilia Peacocke, Christopher. ‘Principles for Possibilia.’Noûs 36.3 (2002): 486–508. Roca‐Royes, Sonia. ‘Essentialism vis‐à‐vis Possibilia, Modal Logic, and Necessitism.’Philosophy Compass 6/1 (2011): 54–64. Section 2. Week 9. Necessitism and Essentialism: A Third Notion of Essential Property Linsky, Bernard and Zalta, Edward. ‘In Defense of the Contingently Nonconcrete.’Philosophical Studies 84 (1996): 283–94. Roca‐Royes, Sonia. ‘Essentialism vis‐à‐vis Possibilia, Modal Logic, and Necessitism.’Philosophy Compass 6/1 (2011): 54–64. Section 5. Williamson, Timothy. ‘Bare Possibilia.’Erkenntnis 48 (1998): 257–73. Week 10. Essentialism and Modal Logic: The Barcan Formula Menzel, Christopher. ‘Actualism.’The Stanford Encyclopedia of Philosophy (Summer 2010 Edition). Ed. Edward N. Zalta. URL:. Section 2. Roca‐Royes, Sonia. ‘Essentialism vis‐à‐vis Possibilia, Modal Logic, and Necessitism.’Philosophy Compass 6/1 (2011): 54–64. Section 4. Focus Questions • There is a debate as to whether essential properties– as well as individual essences and sufficient‐for‐existence properties– should be specified in purely qualitative terms or whether, by contrast, non‐purely qualitative – or even purely non‐qualitative – specifications are allowed. What are the main arguments against the availability of purely qualitative specifications? • Flexible essential properties seem to be more plausible than non‐flexible ones. Yet, together with sufficient‐for‐existence properties, they imply flexible individual essences. How plausible are these? Should we revise our intuitions supporting flexible essential properties? • What are, ultimately, the ontological differences between a necessitist approach to possibilia and an individual‐essences‐based approach? • According to necessitism, essential properties do not impose necessary conditions for an object’s existence. Can the necessitist, nonetheless, capture this role of essential properties by saying that, when it comes to possibly concrete entities, essential properties provide necessary conditions for an object’s concreteness? Can they, on a similar vein, also offer sufficient‐for‐concreteness properties as a surrogate for the (non‐necessitist’s) sufficient‐for‐existence properties? • Even after the enormous amount of literature that essentialism has generated, we are far from reaching a general agreement as to which properties are essential and which are accidental. Should this be a reason to reflect, critically, on the methodology that is being used in the arguments for or against essential properties? Is reliance on intuitions inescapable? (shrink)

Long run success in watershed management requires understanding of how economic stratification and social values affect water quality protection. Feedback effects on water quality are produced by three aspects of economic well-being: income levels, quality of life and inequality, including the effects of gender based inequality. In the US emphasis on individualistic values leads to reliance on local and private policy solutions to social problems. Analysis of the context of New York City's internationally famous watershed agreement with communities (...) 120 miles distant provides a case study of these relationships. The nature of economic stratification in these upstate communities and the insufficient response of social policies were an impediment to achieving New York City's water quality goals. As a consequence the City's watershed agreement contains direct economic aid to Watershed communities. The Agreement does not address all stratification issues. Some call for solutions beyond the local level and an approach that benefits from the European emphasis on community. It is in the interest of watershed managers to broaden the scope of their concerns to understand and support state and national programs which address problems created by economic stratification. The expansion of the European Union increases the relevance of these lessons for Europe. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Mobility, Portability, and PlacelessnessJoseph Kupfer (bio)Introduction: A Danger of Electronically Mediated ExperienceA few months ago I was sitting in a Chicago airport, waiting to make my connecting flight. Everywhere I looked, people were talking on cell phones, but the man across from me had gone one better. He had a cell phone and a laptop computer. He was talking on a conference call with two people who were at (...) two different locations as they edited a document that appeared on his laptop. It was a contract that they would soon e-mail to yet a fourth individual for her agreement. In the midst of the conferring, the man across from me broke from the contract to look up something on an Internet Web site. He was able to access data that was needed for the contract work. There is no doubt something astonishing and wondrous about four people hooked up, converging on a document that exists—well, where? Nowhere yet, except in that fanciful ether called cyberspace. Although we need to describe this dimension in familiar language, we realize that the term is just a metaphor. There is no space in cyberspace and no time either for that matter.The portability of information, documentation, and communication enabled the man in the airport to work with people in different places to edit a contract that they would then electronically send to a fourth person. The portability facilitated the individual's mobility since he did not have to be in a particular location to create the document and discuss it with others. The man could have been anywhere. He just happened to be in an airport. But the fact that he, and presumably his colleagues as well, could have been in a car or a park, at home or in a restaurant, rendered the actual place in which he worked—the airport—irrelevant. He did not have to pay attention to his physical environment and probably did not wish to. He was absorbed in his electronically fabricated environment comprised of information, voices, and documents. [End Page 38]As such activity becomes more commonplace, this man and the rest of us become detached from our physical surroundings. When these environments become irrelevant to what we are doing, they will lose meaning for us and we will cease to inhabit them in any meaningful way. Anywhere is nowhere. Obviously, the electronic age of cyberspace provides enormous benefits, and I do not wish to minimize its advantages or seem overly pessimistic. Rather, I wish to call attention to what we risk losing in the hope that awareness of what is at stake can forestall the loss. Just as over-reliance on air travel can undermine our sense of movement through space and the aesthetic of such movement, so too can over-reliance on virtual, electronic connections erode our connection to actual physical places. The more electronically mediated activity replaces place, the more we become dis-placed.In what follows I sketch three dimensions of loss that accompany this exciting new electronic connectedness. With loss of place, with placelessness, we are deprived of the aesthetic experiences particular places provide. Second, we lose touch—with our bodies and other people. Last, we lose a sense of place altogether. Our entire way of being in the world may undergo such a radical change that we foreclose important aspects of our humanity and with it corresponding aesthetic appreciations.Electronic Displacement, Traditional Distance Communication, and Previous Revolutions in MobilitySeveral years ago I wrote about the loss of distinctive places as a result of homogeneity in architecture. The sameness of design in restaurants, motels, sport stadiums, homes, and malls yielded a loss of regionality and locality in our built environment. But these were the result of changes within a pervasive dimension of life—architecture or the built environment. Even if the restaurant, motel, or mall looked the same as others, we nevertheless were functioning within a recognizable spatio-temporal frame. We were aware of it as such and even took some comfort in the familiarity. Americans especially liked the idea of no surprises: the Holiday Inn in Topeka, Kansas, looked and felt and smelled the same as... (shrink)

Liberalism can be defined as that political system in which the state remains neutral on questions of the good life while providing a framework of rights that respects persons as free and independent selves capable of choosing their own values and ends. Neutrality is the priority of the right over the good . In Political Liberalism, John Rawls describes a liberal society in which political debate is based upon an overlapping consensus. An overlapping consensus consists in agreement about those (...) principles of justice which are held in common by all reasonable citizens. While these principles may be justified by appeal to "comprehensive" doctrines, no such "comprehensive" justifications are permitted within the arena of political debate. ;I examine the theories of Alasdair MacIntyre in order to show where Rawls fails. MacIntyre argues that a conception of the good is inherent in any decision-making procedure and the exclusion of that conception from political debate makes such debate impossible. I argue that traditions which justify conceptions of the good are after the fact constructs identified in light of a unifying theme. I also examine the work of William Galston which underlines liberalism's compatibility with a conception of the good, and argue that Galston's rejection of neutrality should be reconsidered. ;Rawls' attempt to solve the problem of managing pluralism limits pluralism to an unacceptable degree. I offer a theory which widens the scope of freedom while avoiding a reliance on the exclusion of moral goods in political debate. ;The foundation of my theory lies in the moral psychology of Adam Smith, a theory of social interaction and moral judgment that does not rely exclusively on rational deliberation. I argue that Smith's market model of competition should be understood as entailing neutrality between groups and not between goods. Neutrality is identified retrospectively by observing how newer or previously excluded members of society have influenced society's conception of the good. I conclude that if a society's conception of the good fluctuates over time in the ways and under the conditions described in my dissertation, then the society is appropriately neutral and liberal. (shrink)

The 2010 Nagoya Protocol is an international framework for access and benefit sharing (ABS) of the use of genetic and biological resources, with particular focus on indigenous communities. This is especially important in Africa, where local communities have a close reliance on environmental resources and ecosystems. However, national legislation and policies commonly lag behind international agreements, and this poses challenges for legal compliance as well as practical applications. This study reviews the academic literature on the Nagoya Protocol and ABS (...) applications, and then considers the implications of this analysis for research in Africa. Results show that there is uneven engagement with the principles of the Nagoya Protocol across different academic disciplines; local communities are sometimes sidelined in these studies; and only 8% of researchers in the literature analysed are located in Africa. Future developments should focus on ensuring national compliance with the Nagoya Protocol, and that researchers and industry work in partnership with local African communities on ABS issues. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Justice, Language and Hume: A Reply to Matthew Kramer James Allan How much reliance, in David Hume's convention-based picture ofthe origins ofjustice, needstobe placed on apre-existingcommon language amongst the various participants? Matthew Kramer has argued that Hume's story of the passage "from the hostilities of nature to the serenity of civilized Ufe"1 is, in effect, incoherent. It is incoherent, Kramer asserts, because "language must be in place already" (...) (Kramer, 148) in order for family groups tojoin together into larger social units by means of Humean convention. In other words, Kramer takes the view that a commonlanguage is needed amongst all the players for thé gradual establishment ofjustice by human conventions to be possible. But it is just this very thing, a relatively sophisticated common language, that can only be achieved after the establishment of the larger societal unit. Kramer therefore sees Hume's account of the origins of justice as, at best, paradoxical because "the founding of a societal unit can take place only if such a unit has already been founded" (Kramer, 149). This article shall be concerned to defend, against the thrust of Kramer's attack, the broad outlines2 of Hume's story of the origins of justice in book 3 of the Treatise. At any rate, I will argue that Hume's explicitlyahistorical accountis coherent? Butinmakingthis argument I shall be careful to place Hume's account of justice in its proper perspective. It must be recalled that Hume was attempting to explain all ofhuman morals, aesthetics and virtues in a scientific way. In this scheme,justice—for him, the stability ofpossessions or the basic rules of property—was the pre-eminent "artificial" virtue. As we shall see, no interpretation ofHume's account ofthe escape tojustice can ignore his wider concern, to explain empirically human nature and conduct. Let us start, however, with a bare summary of Kramer's thesis. Firstly, Kramer sets out Hume's core position. Justice (basic rules of property) and thus society result from the re-directing ofself-love. The process does not rely on agreement and is thus immune from one ofthe main criticisms of social contract theories (that is, how to explain the bindingness of a first ever contract).4 Rather, Hume's account is of justice emerging ever so gradually from reciprocal conventions. Where small family living is "natural"—some original or inherent Volume XVII Number 2 81 JAMES ALLAN principle—life in society is created by convention. In this sensejustice is "artificial." Secondly, two critiques of Hume's position are considered and found, by Kramer, ultimately to be unsuccessful. The first is the weakness noted above and common toall social contract analyses: from where does the bindingness of a first contract come? But Hume explicitly rejected contractarian theories as Kramer allows. Hume's conventional theory "is not of the nature of a promise:... it arises gradually, and acquires force by a slow progression, and by our repeated experience of the inconveniences of transgressing it."5 The second critique which Kramer finds abortive, and to which I shall return below, involves the role of reason in the creation of justice. Primitive reflection based on already experienced events, impressions or ideas would not be sufficient to overcome avid self-interest.6 But in response to this attack Kramer retorts that it is at most inconclusive whether the experiences of family life combined with reason could overcome self-interest on Hume's model. Thirdly, Krameroffers his own critique in the hope ofshowing that "Hume's story disrupts itself when it narrates certain events that cannot possiblymaterialize until theyhave already occurred" (Kramer, 143). Kramer's attack on the Humean conventional move tojustice, as indicated above, concentrates on language. But it is well to note carefully Kramer's interpretation of Hume's account of the building of stable, society-wide property rules. Kramer takes this to be that, "[a]s a result ofcrude reflection and the restraints offamily life, most people come to realize that a persistent demand for goods can be better filled within society than without it" (Kramer, 147; emphasis mine). Thus, says Kramer, the first step, temporally, is a rational deduction. After reason has alerted us to... (shrink)

Critique is a concept that is constantly used as an instrument for agreement or disagreement, for reflection and discussion. There is a difference, however, between critique as a historically grounded phenomenon and critique as a utopian conception not situated in any particular socio-historical context. Educational theory resists reduction to empirical science partly because of its utopian character. Thus tensions that arise within it concerning its individual, social and emancipatory aims mean that it always has a double aspect of being (...) both utopian and socially grounded at the same time. In general there is a tension within the practice of education between upbringing, on the one hand, and self-emancipation on the other, which is reflected at the level of educational theory in the distinction between normative-utopian and dogmatic-empirical elements. Even a utopian critique, however, must make use of the social and historical materials available in order to function, and thus it becomes itself historically situated. This unavoidable situation is one that must be embraced by a self-consciously utopian form of theorising. Just like other theories of society, the theory of education has two possibilities for self-definition. It can be conceived of either as a utopian or as a factual theory. In the latter case, it follows social contingency passively, giving itself over to the ‘destiny of Being’ in order to await the ‘result’. But it can also be interested and take part in social processes, and thus contribute to the opening out of thought and culture to utopian considerations. Educational critique, even in the utopian sense, however, has to recognise its own dogmatic elements in order to function as critique. It is thus self-evident that critique without dogmatism is not only impossible but also senseless. Similarly, educational dogmatism, although it apparently excludes critique by definition, must contain within itself the possibility of new forms of critique based on its own assumptions. Its very reliance on empirical methods to address the solution of unquestioned problems can itself subvert the dogmatic normative assumptions on which that empirical enquiry is based. (shrink)

After unsuccessful attempts to form Liberal-Socialist and tripartite cabinets, another center-left cabinet was made. It was the first cabinet headed by Flemish Christian-Democratjean-Luc Dehaene. Not commanding a two-thirds majority in Parliament, the constitutional reform agenda was referred to a community-to-community dialogue which resulted in an overall constitutional reform agreement concluded in the fall.Not much action was taken on the budget deficit, and the cabinet's reliance on new taxes led to tension inside the coalition, with the CVP insisting on (...) additional spending cuts. Labor and management reached agreement on a 1993-94 national inter-industry accord for the private sector.The cabinet decided to abolish conscription, and the armed farces were involved in UN-sponsored peacekeeping missions in ex-Yugoslavia and Somalia.In Parliament, there was a large majority in favor of the Maastricht Treaty. (shrink)

In a recent response to our paper on developing a philosophical framework to guide the design and delivery of a just health service, Sarela raises several objections. We feel that although Sarela makes points which are worthy of discussion, his critique does not undermine either the need for, or the worth of, our proposed model. First, the law does not negate the need for ethics in determining just healthcare policy. Reliance on legal processes can drive inappropriate focus on ensuring (...) policies avoid judicial review, as opposed to ensuring they are truly just; the law affords protection against unjust policies but does not put a commitment to avoiding them at the heart of policy-making. We defend the need for Scanlonian supplementation by emphasising the practical value of adding a step based on reasonable rejection, particularly in ensuring that the views of vulnerable stakeholders are robustly considered. We discuss the similarities and differences between the work of Daniels and Sen in considering the relationship between health and opportunity, concluding that Sen’s capability approach is both valuable and compatible with our proposed model. Finally, the practical use of our model requires consideration of what constitutes a reasonable person. Our model is explicitly intended to help develop a healthcare system which is just to all its users. With this in mind, we suggest that those involved in decision-making should meet Scanlon’s definition of reasonable: they should be motivated to justify their actions to, and seek agreement with, others. (shrink)

This article explores the role of contract law inintimate relationships, focussing on tacit or onlypartially express agreements rather than expressprenuptial or cohabitation contracts. It welcomes theembrace of relational contract theory by feminist andgay and lesbian commentators, but argues that keydifferences between commercial and intimaterelationships need further analysis if the potentialof relational theory in cases of informal agreement isto be realised. The first difference is that,while commercial contracts can draw on the context ofa contracting community as a source of norms (...) to fillgaps in agreement, there is no equivalent source ofnorms for intimate relationships. The seconddifference is that, although relational theory entailsthe attenuation of self interest in commercialcontracts, in intimate relationships the sense inwhich self interest is attenuated is quite different,with the result that concepts such as cooperation andaltruism have different meanings. The result of thesedifferences is that, in some intimate relationships,there will be informal understandings falling short ofbargain, which will be unenforceable – under bothorthodox contract law and more relationalinterpretations of it. It is argued that many suchinformal agreements are distinguishable from mostgratuitous promises because they are characterised bya degree of reciprocity between the parties. Thepossibility of the law of contract recognising suchnon bargain agreements based on reciprocity isexplored, and it is argued that the enforcement ofsuch agreements represents a less distorting legalresponse than that available through the use ofpromissory estoppel. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 40.1 (2002) 128-130 [Access article in PDF] Book Review Kant and the Foundations of Analytic Philosophy Robert Hanna. Kant and the Foundations of Analytic Philosophy. New York: Oxford University Press, Clarendon Press, 2001. Pp. xv + 312. Cloth, $65.00. Robert Hanna's book has an ambitious two-fold agenda. Its historical agenda is to prompt a reassessment of the role Kant played in the foundations (...) of analytic philosophy. The ideological agenda is to reassess the status of the relevant Kantian doctrines--in particular, his views regarding the nature of necessity, the analytic-synthetic distinction, and the nature and scope of the a priori--in the face of what Hanna takes to be the "crisis" (11) facing analytic philosophy today. Hanna views the elements of this two-fold agenda as inextricably [End Page 128] linked: when we see how the analysts failed to appreciate much of the subtlety and power of Kant's arguments, we will be in a position both to appreciate why the early analysts were not able to bring their official projects to completion, and to reassess the plausibility of various Kantian doctrines that have been considered untouchable during the dominance of analytic philosophy.Hanna's Kant, the Kant of the first Critique, is bent on answering two fundamental problems regarding the nature of cognition. Hanna characterizes the first problem as the "modal" problem, that of saying how the same judgment "can... be at once necessarily true, refer to the real or natural world in a substantive way, yet cognizable to creatures minded like us apart from all sense experience" (1). The second problem is the "semantic" problem, that of stating "how meanings are possible" (3). Hanna's book is organized around his characterization of Kant's answers to these questions and his defense of the resulting position in the face of the analytic tradition's reaction.In assessing Kant's role in the analytic tradition, Hanna borrows much from previous historically sensitive philosophers interested in this period. Three such authors figure prominently: Coffa and his seminal book The Semantic Tradition from Kant to Carnap; Friedman (with special attention to his Reconsidering Logical Positivism); and Dummett (whose work on Frege is cited throughout). From Coffa and Friedman, Hanna endorses the thesis that at its core the analytic tradition is a reaction to the Kantian conception of the a priori. Hanna accepts as well that the early analysts were united by the aim of exploiting technical developments in logic and semantics as part of a case against Kant's conception of the a priori. Where Hanna disagrees with, e.g., Coffa is over the status of the analysts' anti-Kantian arguments: where Coffa appears to endorse the cogency of those arguments, Hanna suggests that Kant's position is much more defensible, and the analysts' positions and arguments much more vulnerable, than has previously been thought.It is worth noting some of the many virtues of Foundations. Hanna makes an interesting case for the idea that at a certain level of description there is an important agreement between Kant and Frege regarding the evils of psychologism about logic. This will come as news to those who have treated Kant as among the targets in Frege's critique of psychologism. In addition, Hanna develops Kant's conception of analyticity and presents a robust defense of that conception against some prevalent criticisms; proffers an intriguing comparison between Kant's pure intuition and Wittgenstein's view of the transcendental nature of logic (221-3); and makes a plausible case for the provocative conclusion that the conceptualism of early analytic philosophy is in contrast with Frege's own philosophical attitude (233).At the same time, some complaints are worth registering. To those (like me) who do not encounter Kantian vocabulary on a regular basis, Hanna's reliance on that vocabulary has the effect of rendering many passages heavy-going and difficult to unpack. (While Hanna does attempt to provide explications of the vocabulary, I sometimes found these explications themselves to be difficult to understand.) Secondly, Hanna is sometimes... (shrink)

It is common to think of the attitude of trust as involving reliance of some sort. For example, Annette Baier argues that trust is reliance on the good will of others, and Richard Holton argues that trust is reliance from a participant stance. However, it is puzzling how trust could involve reliance, because reliance, unlike trust, is responsive to practical reasons: we rely in light of reasons that show it worthwhile to rely, but we don’t (...) trust in light of reasons that show it worthwhile to trust. To address the puzzle, I sketch an account of reliance, according to which reliance consists in action, and I sketch an account of trust, according to which trust consists in belief held from a participant stance. I conclude that it is plausible to see trust as the grounds for reliance. (shrink)

We investigate adverbial agreement in Sandəmarkesə (S. Marco in Lamis, Apulia) proposing phase-bound, local agreement relations, reducible to coordination, as in past and absolute participial constructions, suggesting a copulaless analysis where arguments are subjects in a small clause. With disjunct nominals with matching φ-features, the adverb agrees separately with each part in the set, otherwise resulting in ‘non-agreeing’ forms, which we test also with negative polarity items (niʃun-, ‘nobody’ and nentə, ‘nothing’). With fragment answers, the negation scopes over (...) adverbs agreeing with the two proposed topics: matching of the φ-features of both nouns values the negative operator with the same features. In fronted adverbs, agreement occurs when the question contains overt coordinated arguments, elements continuing a chain, and if coordinated arguments have matching φ-features. In agreement in topical contexts with fronted adverbs, agreement occurs with the aboutness-shift topic closely preceding them, rather than with the embedded direct object. (shrink)

Typical agreements can be seen as joint decisions, inherently involving obligations of a distinctive kind. These obligations derive from the joint commitment' that underlies a joint decision. One consequence of this understanding of agreements and their obligations is that coerced agreements are possible and impose obligations. It is not that the parties to an agreement should always conform to it, all things considered. Unless one is released from the agreement, however, one has some reason to conform to it, (...) whatever else is true. In this sense, one is under an obligation to the other parties. The relevance of these points to the issue of political obligation is discussed. (shrink)

Philosophers have in general offered only a partial view of the normative grounds of reliance. Some maintain that either one of evidence or of pragmatic considerations has a normative bearing on reliance, but are silent about whether the other kind of consideration has such a bearing on it as well. Others assert that both kinds of considerations have a normative bearing on reliance, but sidestep the question of what their relative normative bearing is. My aim in this (...) article is to offer a more systematic and comprehensive view of reasons for reliance. (shrink)

In this article I attempt to provide a conceptual framework for thinking about reliance in a systematic way. I argue that reliance is a cognitive attitude that has a tighter connection to the guidance of our thought and action than ordinary belief does. My main thesis is that reliance has a ‘constitutive aim’: namely, it aims at guiding our thought and action in a way that is sensible from the standpoint of practical or theoretical ends. This helps (...) explain why reliance is, in contrast to belief, typically formed and revised in response to pragmatic considerations. (shrink)

Trusting someone in an intuitive, rich sense of the term involves not just relying on that person, but manifesting reliance on them in the expectation that this manifestation of reliance will increase their reason and motive to prove reliable. Can trust between people be formed on the basis of Internet contact alone? Forming the required expectation in regard to another person, and so trusting them on some matter, may be due to believing that they are trustworthy; to believing (...) that they seek es teem and will be rationally responsive to the good opinion communicated or promised by an act of trust; or to both factors at once. Neither mechanism can rationally command confidence, however, in the case where people are related only via the Internet. On the Internet everyone wears the ring of Gyges; everyone is invisible, in their personal identity, to others. (shrink)

The fact that A has relied on B to do something is often taken to be a relevant factor in judging that B has a moral or legal obligation to do that thing. This paper investigates the relation between reliance and obligation. Specifically, the question is whether reliance and moral obligation are connected by some relation of conditionality. I consider four such relations - necessary condition, sufficient condition, necessary part of a sufficient condition, and independent necessary part of (...) a sufficient condition. I argue that only the third one connects reliance and moral obligation, and that it does so in a trivial way. There are nevertheless two justifications for the prominence given to reliance in morality and law. First, reliance appears to be a sufficient condition of states of affairs involving concepts related to obligation. Second, reliance is a fairly reliable indicator of obligation. (shrink)

In the literature on philosophical progress it is often assumed that agreement is a necessary condition for progress. This assumption is sensible only if agreement is a reliable sign of the truth, since agreement on false answers to philosophical questions would not constitute progress. This paper asks whether agreement among philosophers is (or would be) likely to be a reliable sign of truth. Insights from social choice theory are used to identify the conditions under which (...) class='Hi'>agreement among philosophers would be a reliable indicator of the truth, and it is argued that we lack good reason to think that philosophical inquiry meets these conditions. The upshot is that philosophical agreement is epistemically uninformative: agreement on the answer to a philosophical question does not supply even a prima facie reason to think that the agreed-upon view is true. However, the epistemic uninformativeness of philosophical agreement is not an indictment of philosophy's progress, because philosophy is valuable independent of its ability to generate agreement on the correct answers to philosophical questions. (shrink)

An adequate theory of the nature of belief should help us explain the most obvious features of belief as we find it. Among these features are: guiding action and reasoning non-inferentially; varying in strength in ways that are spontaneously experience-sensitive; ‘aiming at truth’ in some sense and being evaluable in terms of correctness and warrant; possessing inertia across time and constancy across contexts; sustaining expectations in a manner mediated by propositional content; shaping the formation and execution of plans; generalizing spontaneously (...) projectively; and being independent of the will and resisting instrumentalization. Using the method of ‘creature construction’, I attempt to show how we can build an attitude with these features step-by-step from simpler components, thereby avoiding the problems of regress or circularity affecting a number of influential accounts of belief. (shrink)

This paper introduces Agreement Theorems to dynamic-epistemic logic. We show first that common belief of posteriors is sufficient for agreement in epistemic-plausibility models, under common and well-founded priors. We do not restrict ourselves to the finite case, showing that in countable structures the results hold if and only if the underlying plausibility ordering is well-founded. We then show that neither well-foundedness nor common priors are expressible in the language commonly used to describe and reason about epistemic-plausibility models. The (...) static agreement result is, however, finitely derivable in an extended modal logic. We provide the full derivation. We finally consider dynamic agreement results. We show they have a counterpart in epistemic-plausibility models, and provide a new form of agreements via public announcements. (shrink)

Recent research has highlighted the character and importance of the study of agreement. This paper, paralleling work on the more familiar concept of deep disagreement, will provide a first articulation of the character and implications of deep agreements, that is, agreements so deep that disagreement cannot overcome them. To do so, I start by outlining the main features of deep disagreement. I then provide a brief characterization of agreement in general to ground the discussion of the unique characteristics (...) of deep agreements and compare them to deep disagreements. After distinguishing the concept from other more familiar ones, I then point to a few of the major social and theoretical issues the existence of deep agreements poses before concluding with some remarks pointing to valuable areas for future research. (shrink)

In voicing commitments to the principle that the adoption of artificial-intelligence (AI) tools by armed forces should be done responsibly, a growing number of states have referred to a concept of “Responsible AI.” As part of an effort to help develop the substantive contours of that concept in meaningful ways, this position paper introduces a notion of “responsible reliance.” It is submitted that this notion could help the policy conversation expand from its current relatively narrow focus on interactions between (...) an AI system and its end-user to also encompass the wider set of interdependencies involved in fulfilling legal obligations concerning the use of AI in armed conflicts. The authors argue that to respect international humanitarian law and ensure accountability, states ought to devise and maintain a framework that ensures that natural persons involved in the use an AI tool in an armed conflict could responsibly rely at least on: (1) the tool’s technical aspects, (2) the conduct of other people involved in development and use of that AI tool; and (3) the policies and processes implemented at the state level. According to the authors, the “responsible reliance” notion could serve, among other examples, as a basis on which to articulate legal requirements, prohibitions, and permissions across diverse areas, from the design of AI tools to human-machine interactions to configuration of responsible-command frameworks. (shrink)

This paper argues for two models of agreement which develop the idea that there is an agreement where one party gives a conditional undertaking and the other responds with an unconditional undertaking. The models accommodate plausible justifications for making and complying with agreements.