Thomas Aquinas famously held that (A) theft is always wrong, and also that (B) it is permissible for a starving man to take the bread he needs, openly or secretly, from another. He reconciled these two positions by claiming that (C) in cases of great need, it is not theft to take someone else’s property when she does not need it herself. On its face, (C) looks like a theoretically costly concession that Aquinas is forced into in order to reconcile (...) (A) and (B). Our first aim is to show that this is not so. We argue that (C) is in fact the only way to accommodate a set of intuitive norms of keeping and taking. Our second aim is to show that (C) has important implications for theories of property more generally: a plausible theory of property must acknowledge a foundational sense of "belong" on which things belong to those who need them. (shrink)

In accordance with ethical principles and standards, researchers conducting studies with children are expected to seek assent and respect their dissent from participation. Little attention has been given to assent and dissent in research with toddlers, who have limited cognitive and emotional capabilities. We discuss research with toddlers in the context of assent and dissent and propose guidelines to ensure that research with toddlers still adheres to ethical principles. These guidelines include designing engaging studies, monitoring refusal and distress, and partnering (...) with parents. Research with toddlers requires flexibility and creativity to respect toddlers in the context of their developmental capabilities. (shrink)

Schopenhauer repeatedly claims that suicide is both foolish and futile. But while many commentators have expressed sympathy for his charge of foolishness, most regard his charge of futility as indefensible even within his own system. In this paper, I offer a defense of Schopenhauer’s futility charge, based on metaphysical and psychological considerations. On the metaphysical front, Schopenhauer’s view implies that psychological connections extend beyond death. Drawing on Parfit’s discussion of personal identity, I argue that those connections have personal significance, such (...) that suicide does not allow one, as Hamlet hopes, simply “not to be.” On the psychological front, I argue that a distinction between agents’ intentions and underlying desires makes room for Schopenhauer to claim that paradigmatic suicidal agents ultimately desire the opposite of what suicide accomplishes. I conclude by showing how the resulting account of futility can buttress the charge of foolishness as well. My interpretation still leaves Schopenhauer vulnerable to certain objections, but shows that his account is significantly more defensible than previous commentators have realized. (shrink)

Physicians generally recommend that patients resuscitated with naloxone after opioid overdose stay in the emergency department for a period of observation in order to prevent harm from delayed sequelae of opioid toxicity. Patients frequently refuse this period of observation despiteenefit to risk. Healthcare providers are thus confronted with the challenge of how best to protect the patient’s interests while also respecting autonomy, including assessing whether the patient is making an autonomous choice to refuse care. Previous studies have shown that physicians (...) have widely divergent approaches to navigating these conflicts. This paper reviews what is known about the effects of opioid use disorder on decision-making, and argues that some subset of these refusals are non-autonomous choices, even when patients appear to have decision making capacity. This conclusion has several implications for how physicians assess and respond to patients refusing medical recommendations after naloxone resuscitation. (shrink)

In the past two decades, much work on Kant has aimed to delimit and evaluate the bedrock assumptions of Kant's mature Critical philosophy. This volume brings together leading Kant scholars to address this issue in conversation with each other, articulating and interrogating Kant's critical assumptions.

People confront their doctors with three modes of unhealth - disease, illness and sickness. Each is discussed, and the question is asked and answered as to why in this situation people wish to become patients.

In this article I examine the most prevalent explanation for why coercion ever undermines consent, an explanation that I call “moral debilitation.” On this view, the manipulative strategy of coerci...

In this acclaimed exploration of the search for "authentic" individual identity, Marshall Berman explores the historical experiences and needs out of which this new radicalism arose. Focussing on eighteenth-century Paris, a time and place in which a distinctively modern form of society was just coming into its own, Berman shows how the ideal of authenticity—of a self that could organize the individual's energy and direct it toward his own happiness—articulated eighteenth-century man's deepest responses to this brave new world, and (...) his most ardent hope for a new life in it. Exploring in particular the ideas of Montesquieu and Rousseau, Berman shows how the ideal of authenticity was radically opposed to the bourgeois, capitalistic idea of "self-interest.". (shrink)

In this paper I first argue that we do not need to intend all the features of X in order to consent to X. I will present cases in which agents intend to consent to gambles, and intend to consent to have sex with people under certain descriptions, de re, rather than de dicto. Next, I argue that deception – even deception about features of a sexual act that qualify as “deal-breakers” for a participant – might not always have the (...) power to undermine sexual consent. In both sections I craft my arguments by appealing to a proposal about the scope of rights. I suggest that we may have intentions regarding our sexual experiences that do not map onto the rights that we actually hold pertaining to those sexual experiences. (shrink)

This book is about permissive consent--the moral tool we use to give another person permission to do what would otherwise be forbidden. For instance, consent to enter my home gives you permission to do what would otherwise be trespass. This transformation is the very thing that philosophersidentify as consent--which is why we call it a normative power. It is something individuals can do, by choice, to change the moral or legal world. But what human acts or attitudes render consent? When (...) do coercive threats, offers, or lies undermine the transformative power of consent? What intentionsor conventions are necessary to render consent meaningful?This book develops a novel theory that explains the moral features of consent in some of the most central domains of human life--but that also serves as a study in how to theorize normative power. It argues that consent is a moral mechanism with exactly the set of features that, when triggered,prevents another person's behavior from constituting a certain kind of wrongdoing. What kind of wrongdoing? It depends on what sort of permission is being granted. Sometimes consent permits others to enter, occupy, or act within some bounded domain wherein the consent-giver holds moral authority. Inthese cases, consent operates to prevent what the book calls: Invasive Wrongdoing. By identifying the moral features that underlie this special wrongdoing, we can learn what it takes to render consent. (shrink)

I present a set of cases that pose problems for existing theories of promissory uptake. These cases involve a delayed receipt and/or acceptance of a promise, though the obligation arises before the receipt or acceptance has taken place; a delay or absence of agency on the part of the promisee—making it impossible to satisfy the various suggested uptake criteria, though promissory obligation is nonetheless generated; and the promise is made to someone, de dicto—that is, the person who will be the (...) promisee has not yet been filled in at the time when the obligation begins. I identify clues within each theory of promising to determine the temporal and agency-related boundaries on promissory obligation. I then introduce the backward reach of uptake. (shrink)

Considered the most original thinker in the Italian philosophical tradition, Giambattista Vico has been the object of much scholarly attention but little consensus. In this new interpretation, David L. Marshall examines the entirety of Vico's oeuvre and situates him in the political context of early modern Naples. He demonstrates Vico's significance as a theorist who adapted the discipline of rhetoric to modern conditions. Marshall presents Vico's work as an effort to resolve a contradiction. As a professor of rhetoric (...) at the University of Naples, Vico had a deep investment in the explanatory power of classical rhetorical thought, especially that of Aristotle, Cicero, and Quintilian. Yet as a historian of the failure of Naples as a self-determining political community, he had no illusions about the possibility or worth of democratic and republican systems of government in the post-classical world. As Marshall demonstrates, by jettisoning the assumption that rhetoric only illuminates direct, face-to-face interactions between orator and auditor, Vico reinvented rhetoric for a modern world in which the Greek polis and the Roman res publica are no longer paradigmatic for political thought. (shrink)

I first distinguish promises with positive sexual content (e.g., promises to perform sexual acts) and promises with negative sexual content (e.g., promises to refrain from sexual acts—as one does when making monogamy promises). I argue that sexual content—even positive sexual content—does not cause a promise to misfire. However, the content of some successful promises is such that a promisee ought not to accept the promise, and, if she does accept, she ought then to release her promisor from the promise. I (...) argue that both positive and negative sexual promises have content of this kind. (shrink)

To find more information about Rowman and Littlefield titles, please visit www.rowmanlittlefield.com.

Dan Marshall and Josh Parsons note, correctly. that the property of being either a cube or accompanied by a cube is incorrectly classified as intrinsic under the definition we have given unless it turns out to be disjunctive. Whether it is disjunctive, under the definition we gave, turns on certain judgements of the relative naturalness of properties. They doubt the judgements of relative naturalness that would classify their property as disjunctive. We disagree. They also suggest that the whole idea (...) of judging relative naturalness is a dubious business. We reply that, like them or not, such judgements cannot easily be avoided. (shrink)

What a person is doing often depends on that person’s thought about what they are doing, or about the wider circumstances of their action. For example, whether my killing is murder or manslaughter depends, in part, on whether I understand that what I am doing is killing you, and on whether I understand that my killing is unjustified. Similarly, if I know that the backpack I am taking is yours, then my taking it may be an act of theft; but (...) it is not theft if I simply mistook your backpack for my own. And if I don’t know that in signing a document I’m promising to do some thing, then in signing it I’m not promising to do this at all. -/- According to Elizabeth Anscombe, a central task of philosophical psychology is to articulate this dependency of action on thought. And in a range of papers published during the 1960s, Anscombe sought to elucidate various aspects of this dependency. In this paper we give a systematic overview of how Anscombe understands this dependency, and in the process reveal the conceptual framework underlying Anscombe’s thinking about perception, desire, intention, voluntariness, responsibility, guilt, and sin. (shrink)

Providing an overview of the intellectual roots of the worldwide environmental movement - from ancient religions and philosophies to modern science and ethics - this book synthesises them into a new philosophy of nature in which to ground ...

The Collective Unconscious in the Age of Neuroscience brings the connection between C.G. Jung's theory of a collective unconscious, neuroscience, and personal experiences of severe mental illness to life. Hallie B. Durchslag uses narrative analysis to examine four autobiographical accounts of mental illness, including her own, and illuminate the interplay between psychic material and human physiology that Jung intuited to exist. Durchslag's unique study considers the links between expressions of the collective unconscious, such as myth, fairy tales, folk tales, (...) and 'big dreams', and the experiences of those diagnosed with severe mental illnesses, such as schizophrenia and bipolar disorder. The author's personal narrative account of a psychotic episode is at its heart, bringing both an intimate foundation and exceptional insight to the book. With reference to neuroscientific and genetic research throughout, The Collective Unconscious in the Age of Neuroscience highlights the gap between depth psychological notions of etiology and treatment, highlights patterns of collective material in the qualitative experience of these genetic and biological disorders, and explores how the efficacy of pharmacological treatment sheds light on Jung's theoretical model. The Collective Unconscious in the Age of Neuroscience will be essential reading for academics and students of Jungian and post-Jungian studies, consciousness, neuroscience and mental health. It will also provide unique insight for analytical psychologists interested in severe mental illness and the collective unconscious. (shrink)

What conditions of vulnerability must an individual face in order that we might ever correctly say that she or he has been wrongfully exploited? Mikhail Valdman has recently argued that wrongful exploitation is the extraction of excessive benefits from someone who cannot reasonably refuse one’s offer. So, ‘being unable to reasonably refuse an offer’ is Valdman’s answer to this question. I will argue that this answer is too narrow, but that other competing answers, like Alan Wertheimer’s, are too broad. I (...) propose a new answer, a “vulnerability clause” to partially comprise a theory of wrongful exploitation. In so doing, I appeal to Marilyn Frye’s account of oppression and take guidance from her inclusion and exclusion criteria. (shrink)

Julia Driver has argued that there is a special set of actions, lodged between neutral actions and wrongful actions called suberogatory actions. These actions are not impermissible, according to Driver, but still strike us as troubling or bad, and are therefore worse than morally neutral (1992). Since this paper was written 20 years ago, many philosophers have utilized or alluded to this moral territory. The existence of some action-types that are not wrong but still carry some dis-value has become a (...) staple in the realm of moral evaluation. However, Driver's argument for the existence of this moral territory amounts to three types of moral cases that, according to Driver, can only be explained by the existence of the suberogatory. In this short paper, I will respond by saying that we can account for these cases using our traditional notions of moral neutrality and moral wrongness. The temptation of invoking the suberogatory is that it can be used as a substitute for answering a variety of hard ethical questions. However appealing this substitute may be, we should resist it so long as the problem cases put forward to motivate the new evaluative realm can be handled, and handled well, by our traditional apparatus. (shrink)

PREFACE -/- WHEN first I undertook the study of the theory of Art, many years ago, I was impressed by the emphasis of pleasure attainment in all descriptions of art works, and by the emphatic pleasurableness of my own mental state during the contemplation of artistic productions. -/- My thought being thus turned to the consideration of the relation of æsthetics to hedonics, I was led to make a careful study of the psychology of pleasure and of its correlate pain: (...) the results of this study I here lay before those who may be interested. (shrink)

In face of rising flood losses globally, the approach of “living with floods,” rather than relying on structural measures for flood control and prevention, is acquiring greater resonance in diverse socioeconomic contexts. In the Lerma Valley in the state of Mexico, rapid industrialization, population growth, and the declining value of agricultural products are driving livelihood and land use change, exposing increasing numbers of people to flooding. However, data collected in two case studies of farm communities affected by flooding in 2003 (...) illustrate that the concept of flood as agricultural “hazard” has been relatively recently constructed through public intervention in river management and disaster compensation. While farming still represents subsistence value to rural households, increasingly rural communities are relying on non-farm income and alternative livelihood strategies. In this context, defining flooding in rural areas as a private hazard for which individuals are entitled to public protection may be counterproductive. A different approach, in which farmers’ long acceptance of periodic flooding is combined with valuing agricultural land for ecoservices, may enable a more sustainable future for the region’s population. (shrink)

I begin this paper by summarizing and critiquing the debate between two views: Moral Specificationism about rights and Moral Generalism about rights. I then show how the conceptual framework that Wesley Hohfeld uses to describe legal rights can also clarify the discussion of moral rights, in general, and of moral specification, in particular. Drawing upon Hohfeld’s framework, I argue for the Restricted Account of the moral specification of rights, which stakes out a middle-ground between the view that all justified exceptions (...) are built into the description of rights and the view that no exceptions are built in. According to the Restricted Account, if and only if the justification for an exception is the same as the justification for rights within the broader ethical theory, then the exception is specified in the right. The Restricted Account is compatible with a wide variety of theories of the function of rights. (shrink)

When discussing exploitation, we often say things like this, “sweatshop laborers have terrible working conditions and are paid almost nothing, but they are better off with that labor than with no labor.” Similarly, in describing the Non-Identity Problem, Derek Parfit points out: we cannot say that the individuals born in future generations are worse off because of our destructive environmental policies because the particular people living in those future generations wouldn’t even exist if it were not for these destructive policies. (...) How can we explain these cases, exploitation and environmental destruction, as ones of wrongdoing when the victims in both cases are no worse off than they would have otherwise been? This paper investigates the link between these two moral puzzles and ultimately uses one to solve the other: an exploitation solution to the Non-Identity Problem. (shrink)

I argue that women in traditional marriages are a vulnerable source for kidneys and this vulnerability gives rise to exploitative donation arrangements made within families. In so doing, I critique Alan Wertheimer’s account of the impact that emotional closeness between participants in an agreement has on the wrongfulness of exploitation. I propose a regulated market scheme that is not only less exploitative than our current donation scheme, but also resolves a variety of other moral problems that typically arise in real (...) and imagined kidney sale scenarios, problems that render markets “noxious,” according to Debra Satz. (shrink)

Organisms' environments are thought to play a fundamental role in determining their fitness and hence in natural selection. Existing intuitive conceptions of environment are sufficient for biological practice. I argue, however, that attempts to produce a general characterization of fitness and natural selection are incomplete without the help of general conceptions of what conditions are included in the environment. Thus there is a "problem of the reference environment"—more particularly, problems of specifying principles which pick out those environmental conditions which determine (...) fitness. I distinguish various reference environment problems and propose solutions to some of them. While there has been a limited amount of work on problems concerning what I call "subenvironments", there appears to be no earlier work on problems of what I call the "whole environment". The first solution I propose for a whole environment problem specifies the overall environment for natural selection on a set of biological types present in a population over a specified period of time. The second specifies an environment relevant to extinction of types in a population; this kind of environment is especially relevant to certain kinds of long-term evolution. (shrink)

I describe a realist, ontologically objective interpretation of probability, "far-flung frequency (FFF) mechanistic probability". FFF mechanistic probability is defined in terms of facts about the causal structure of devices and certain sets of frequencies in the actual world. Though defined partly in terms of frequencies, FFF mechanistic probability avoids many drawbacks of well-known frequency theories and helps causally explain stable frequencies, which will usually be close to the values of mechanistic probabilities. I also argue that it's a virtue rather than (...) a failing of FFF mechanistic probability that it does not define single-case chances, and compare some aspects of my interpretation to a recent interpretation proposed by Strevens. (shrink)

We have some of our properties purely in virtue of the way we are. (Our mass is an example.) We have other properties in virtue of the way we interact with the world. (Our weight is an example.) The former are the intrinsic properties, the latter are the extrinsic properties. This seems to be an intuitive enough distinction to grasp, and hence the intuitive distinction has made its way into many discussions in philosophy, including discussions in ethics, philosophy of mind, (...) metaphysics, epistemology and philosophy of physics. Unfortunately, when we look more closely at the intuitive distinction, we find reason to suspect that it conflates a few related distinctions, and that each of these distinctions is somewhat resistant to analysis. (shrink)

Citing a lifelong engagement with Marxism, critic and writer Marshall Berman reveals the movement's positive points and suggests a new beginning for Marxism may be on the horizon with its recent 150th anniversary attention.