The article undertakes to develop a theory of privacy considered as a fundamental moral right. The authors remind that the conception of the right to privacy is silent on the prospect of protecting informational privacy on consequentialist grounds. However, laws that prevent efficient marketing practices, speedy medical attention, equitable distribution of social resources, and criminal activity could all be justified by appeal to informational privacy as a fundamental right. Finally, the authors show that in the specter of terrorism, privacy can (...) be conceived as a fundamental moral right, one that is completely consistent with the willingness to submit for surveillance of private lives. (shrink)

Although explanation is widely regarded as an important concept in the study of rational inquiry, it remains largely unexplored outside the philosophy of science. This, I believe, is not due to oversight as much as to institutional resistance. In analytic philosophy it is basic that epistemic rationality is a function of justification and that justification is a function of argument. Explanation, however, is not argument nor is belief justification its function. I argue here that the task of incorporating explanation into (...) the theory of rational inquiry poses a serious challenge to our basic concept of epistemic rationality as well as the a priori method of inquiry that still lies at the heart of analytic philosophy. Specifically, it pushes us toward a much stronger form of naturalism than is generally thought necessary, one in which argument and explanation are recognized as distinct and equally fundamental cognitive processes whose dynamic relationship is one of the central issues in the theory of rationality. (shrink)

When tennis fan Jane Bronstein attended the 1995 U.S. Open she probably knew there was a remote chance her image would end up on television screens around the world. But she surely did not know she was at risk of becoming the object of worldwide attention on the David Letterman Show. As it happened, Letterman spotted an unflattering clip from the U.S. Open showing a heavyset Bronstein with peach juice dripping down her chin. Not only did he show the footage (...) six times that fall, but he ridiculed her on his “Top 10 List,” calling her a “seductive temptress,” even paying to put the clip on the Sony Jumbotron electronic billboard at Time Square. Ms. Bronstein sued David Letterman’s production company under New York civil rights law for violating her privacy. (shrink)

Most advice for sharpening our thinking skills concerns how to avoid bad arguments. But argument is only one of the two basic forms of reasoning. The other is explanation, and it is equally susceptible to abuse. You may already be familiar with certain forms of explanatory malfeasance. One of the best known is circular explanation, in which the stated cause is just a different way of describing the effect. Here I'd like to introduce you to a less appreciated error of (...) explanation. To my knowledge it has no widely accepted name, but I call it ???the convincing explanation??? (shrink)

Cruelty is widely regarded to be a uniquely human trait. This follows from a standard definition of cruelty as involving the deliberate infliction of suffering together with the empirical claim that humans are unique in their ability to attribute suffering (or any mental state) to other creatures. In this paper I argue that this definition is not optimum for the purposes of scientific inquiry. I suggest that its intuitive appeal stems from our abhorrence of cruelty, and our corresponding desire to (...) define cruelty in such a way that it is almost always morally wrong. Scientifically speaking this is an arbitrary condition that inhibits our attempt to study cruelty as a natural phenomenon. I propose a fully naturalized definition of cruelty, one that considerably expands the range of creatures and behaviors that may be conceived as cruel. (shrink)

In his Philosophical Theology James Ross claims to have uncovered an assumption essential to the proof of God's existence advanced by Duns Scotus: the equivalence of logical and real possibility. Ross argues that the omission is reparable, and that Scotus's proof is ultimately satisfactory. In this paper I examine his claim and determine that while Scotus may have believed there to be a significant connection between these two concepts, his proof of God does not depend on it. Ross's attempt to (...) rework the Scotist demonstration merits consideration on its own terms, however. In calling attention to the relation between real and metaphysical possibility, Ross has hit on a way of circumventing one of the major impediments to the acceptability of Scotus's original proof: the infinite regress of causes. Since Scotus argues against the possibility of the infinite regress in copious detail, we must wonder whether he could have countenanced the alternate route suggested by Ross. While I shall argue that indeed Ross's gambit is flawed in a way that Scotus may have foreseen, his proof nevertheless deserves recognition as an original and noteworthy contribution to the literature. (shrink)

When tennis fan Jane Bronstein attended the 1995 U.S. Open she probably knew there was a remote chance her image would end up on television screens around the world. But she surely did not know she was at risk of becoming the object of worldwide attention on the David Letterman Show. As it happened, Letterman spotted an unflattering clip from the U.S. Open showing a heavyset Bronstein with peach juice dripping down her chin. Not only did he show the footage (...) six times that fall, but he ridiculed her on his “Top 10 List,” calling her a “seductive temptress,” even paying to put the clip on the Sony Jumbotron electronic billboard at Time Square. Ms. Bronstein sued David Letterman's production company under New York civil rights law for violating her privacy. (shrink)