The 1992 Convention on Biological Diversity (CBD) and its 2010 Nagoya Protocol brought about a breakthrough in global policy making. They combined a concern for the environment with a commitment to resolving longstanding human injustices regarding access to, and use of biological resources. In particular, the traditional knowledge of indigenous communities was no longer going to be exploited without fair benefit sharing. Yet, for 25 years after the adoption of the CBD, there were no major benefit sharing agreements that led (...) to significant funding streams for indigenous communities. This changed with the signing of the Rooibos Benefit Sharing Agreement in South Africa, described in this paper. As the authors report, the Rooibos Agreement is a superlative in two respects. It is the biggest benefit sharing agreement between industry and indigenous peoples to date. It is also the first industry-wide agreement to be formed in accordance with biodiversity legislation. This article is a co-production between traditional knowledge holders, the lawyer who represented their interests, the Co-Chair of the Nagoya Protocol negotiations, and an ethicist who analyzed the major challenges of this historic agreement. With no precedent in the benefit sharing world, the agreement stands as a concrete example of the ‘art of the possible.’ Although the rooibos case is unique in a number of aspects, the experience offers many transferable insights, including: patience; incrementalism; honesty; trust; genuine dialogue; strong legal support; a shared recognition that a fair, win-win deal is possible; government leadership; and unity amongst indigenous peoples. Such ingredients of success can apply well beyond southern Africa. (shrink)

In one of his earliest essays, Stanley Cavell says that “... we must keep in mind how different their arguments sound, and admit that in philosophy it is the sound which makes all the difference”. This is so whether we discuss the antiphony between Wittgenstein and American Pragmatism, or from within Cavell's own writings. Timothy Gould has set himself to the task of showing how the sound of Cavell's texts—specifically in the form of his voice—is the constituting feature of (...) a philosophical method. This enterprise evolves into a protracted exercise of listening to Cavell's voice for the purpose of working out how that sound can disclose another way that philosophy can be conducted. Gould's text recounts what he has heard, and why the sound of Cavell’s voice makes a difference to philosophy. (shrink)

Timothy Williamson gives an original and provocative treatment of deep metaphysical questions about existence, contingency, and change, using the latest resources of quantified modal logic. Contrary to the widespread assumption that logic and metaphysics are disjoint, he argues that modal logic provides a structural core for metaphysics.

Two opposing tendencies in the philosophy of language go by the names of ‘referentialism’ and ‘inferentialism’ respectively. In the crudest version of the contrast, the referentialist account of meaning gives centre stage to the referential semantics for a language, which is then used to explain the inference rules for the language, perhaps as those which preserve truth on that semantics (since a referential semantics for a language determines the truth-conditions of its sentences). By contrast, the inferentialist account of meaning gives (...) centre stage to the inference rules for the language, which are then used to explain its referential semantics, perhaps as the semantics on which the rules preserve truth. On pain of circularity, we cannot combine both directions of explanation. (shrink)

Vagueness provides the first comprehensive examination of a topic of increasing importance in metaphysics and the philosophy of logic and language. Timothy Williamson traces the history of this philosophical problem from discussions of the heap paradox in classical Greece to modern formal approaches such as fuzzy logic. He illustrates the problems with views which have taken the position that standard logic and formal semantics do not apply to vague language, and defends the controversial realistic view that vagueness is a (...) kind of ignorance--that there really is a grain of sand whose removal turns a heap into a non-heap, but we cannot know which one it is. (shrink)

In this paper we discuss how Causal Decision Theory should be modified to handle a class of problematic cases involving deterministic laws. Causal Decision Theory, as it stands, is problematically biased against your endorsing deterministic propositions (for example it tells you to deny Newtonian physics, regardless of how confident you are of its truth). Our response is that this is not a problem for Causal Decision Theory per se, but arises because of the standard method for assessing the truth of (...) certain counterfactuals. The truth of deterministic laws is `modally fragile' on the standard semantics for counterfactuals: if determinism is true and you were to do otherwise, the laws would be different. We provide two ways of avoiding this problem: 1) supplement the standard semantics for counterfactuals with impossible worlds, or 2) introduce rigid designators into the description of problematic decision situations. We argue that both of these approaches are well-motivated and can be readily incorporated into Lewisian Causal Decision Theory. (shrink)

The paper clarifies and defends the orthodox view that counterfactual conditionals with impossible antecedents are vacuously true against recent criticisms. It argues that apparent counterexamples to orthodoxy result from uncritical reliance on a fallible heuristic used in the processing of conditionals. A comparison is developed between such counterpossibles and vacuously true universal generalizations.

Understandably absorbed in technical details, discussion of the semantic paradoxes risks losing sight of broad methodological principles. This chapter sketches a general approach to the comparison of rival logics, and applies it to argue that revision of classical propositional logic has much higher costs than its proponents typically recognize.

When I take off my glasses, the world looks blurred. When I put them back on, it looks sharpedged. I do not think that the world really was blurred; I know that what changed was my relation to the distant physical objects ahead, not those objects themselves. I am more inclined to believe that the world really is and was sharp-edged. Is that belief any more reasonable than the belief that the world really is and was blurred? I see more (...) accurately with my glasses on than off, so visual appearances when they are on have some cognitive priority over visual appearances when they are off. If I must choose which kind of visual appearance to take at face value, I will choose the sharp-edged look. But what should I think when I see a mist, which looks very blurred however well I am seeing? Indeed, why choose to take any of the looks at face value? Why not regard all the choices as illegitimate projections of ways of seeing the world onto the world itself? (shrink)

The second volume in the _Blackwell Brown Lectures in Philosophy_, this volume offers an original and provocative take on the nature and methodology of philosophy. Based on public lectures at Brown University, given by the pre-eminent philosopher, Timothy Williamson Rejects the ideology of the 'linguistic turn', the most distinctive trend of 20th century philosophy Explains the method of philosophy as a development from non-philosophical ways of thinking Suggests new ways of understanding what contemporary and past philosophers are doing.

Imagine a philosophy conference in Presocratic Greece. The hot question is: what are things made of? Followers of Thales say that everything is made of water, followers of Anaximenes that everything is made of air, and followers of Heraclitus that everything is made of fire. Nobody is quite clear what these claims mean, and some question whether the founders of the respective schools ever made them. But amongst the groupies there is a buzz about all the recent exciting progress. The (...) mockers and doubters make plenty of noise too. They point out that no resolution of the dispute between the schools is in sight. They diagnose Thales, Anaximenes and Heraclitus as suffering from a tendency to overgeneralize. We can intelligibly ask what bread is made of, or what houses are made of, but to ask what things in general are made of is senseless, some suggest, because the question is posed without any conception of how to verify an answer; language has gone on holiday. Paleo-pragmatists invite everyone to relax, forget their futile pseudo-inquiries and do something useful instead. (shrink)

The philosophical relevance of experimental psychology is hard to dispute. Much more controversial is the so‐called negative program's critique of armchair philosophical methodology, in particular the reliance on ‘intuitions’ about thought experiments. This chapter responds to that critique. It argues that, since the negative program has been forced to extend the category of intuition to ordinary judgments about real‐life cases, the critique is in immediate danger of generating into global scepticism, because all human judgments turn out to depend on intuitions. (...) Recently, some proponents of the negative program have tried to demarcate the target of their critique more narrowly. However, their attempts are still far too indiscriminate, and over‐generate scepticism. Nevertheless, once experimental philosophy has refined its own methodology, it may contribute to the refinement of the methodology of mainstream philosophy, by filtering out the effects of cognitive bias, although it offers no prospect of doing without judgments on real or imaginary cases. (shrink)

This chapter aims to attempt no more than to make some informal and unsystematic remarks on the transformation of analytic philosophy. It deals with a few sketchy remarks on the historiography of recent analytic philosophy. Writing in 1981, David Lewis described “a reasonable goal for a philosopher” as bringing one’s opinions into stable equilibrium. A natural comparison is between Lewis’s Quinean or at least post‐Quinean methodology and the methodology of Peter Strawson, Quine’s leading opponent from the tradition of ordinary language (...) philosophy. Analytic epistemology provides a good case study of the philosophical application of Gricean pragmatics outside the philosophy of language. On Michael Dummett picture of the history of philosophy, Descartes had made epistemology first philosophy, the engine for the rest of philosophy, and then Frege had replaced epistemology by the philosophy of language as first philosophy. The chapter suggests that philosophy sometimes already uses an abductive methodology and ought to use it more in the future. (shrink)

Recent research in the cognitive science of religion suggests that humans intuitively believe that others survive death. In response to this finding, three cognitive theories have been offered to explain this: the simulation constraint theory (Bering, Citation2002); the imaginative obstacle theory (Nichols, Citation2007); and terror management theory (Pyszczynski, Rothschild, & Abdollahi, 2008). First, I provide a critical analysis of each of these theories. Second, I argue that these theories, while perhaps explaining why one would believe in his own personal immortality, (...) leave an explanatory gap in that they do not explain why one would intuitively attribute survival of death to others. To fill in the gap, I offer a cognitive theory based on offline social reasoning and social embodiment which provides for the belief in an eternal social realm in which the deceased survive—the afterlife. (shrink)

This article adapts John Rawls’s writings, arguing that past injustice can change what we ought to publicly affirm as the standard of justice today. My approach differs from forward-looking approaches based on alleviating prospective disadvantage and backward-looking historical entitlement approaches. In different contexts, Rawls’s own concern for the ‘social bases of self-respect’ and equal citizenship may require public endorsement of different principles or specifications of the standard of justice. Rawls’s difference principle focuses on the least advantaged socioeconomic group. I argue (...) that a historicized difference principle considers the relative standing of racial, gender, and other historically stigmatized groups; provides their members assurance by weakening incentives to manipulate justice to another group’s advantage; and may result in policies resembling reparations, though justified by forward-looking considerations of self-respect and public assurance. I then examine how disrespectful justifications were historically used to forcibly include indigenous peoples as citizens. While Rawls thinks providing citizens one package of basic liberties signals respect, indigenous self-government could better support self-respect. I invoke Rawlsian international justice, which calls for mutual respect between peoples. Indigenous peoples’ status should reflect their past and persisting peoplehood, providing assurance by weakening incentives to unjustly transform international into domestic contexts. (shrink)

Kant limits cosmopolitan right to a universal right of hospitality, condemning European imperial practices towards indigenous peoples, while allowing a right to visit foreign countries for the purpose of offering to engage in commerce. I argue that attempts by contemporary theorists such as Jeremy Waldron to expand and update Kant’s juridical category of cosmopolitan right would blunt or erase Kant’s own anti-colonial doctrine. Waldron’s use of Kant’s category of cosmopolitan right to criticize contemporary identity politics relies on premises that upset (...) Kant’s balanced right to hospitality. An over-extensive right to visit can invoke “Kantian” principles that Kant himself could not have consistently held, without weakening his condemnation of European settlement. I construct an alternative spirit of cosmopolitan right more favorable to the contemporary claims of indigenous peoples. Kant’s analysis suggests there are circumstances when indigenous peoples may choose whether to engage in extensive cultural interaction, and reasonably refuse the risks of subjecting their claims to debate in democratic politics in a unitary public. Cosmopolitan right accorded respect to peoples; any “domestic” adaptation of cosmopolitan right should respect indigenous peoples as peoples, absent a serious public explanation by a democratic state for why it has now become appropriate to treat indigenous peoples merely as individual citizens. (shrink)

Law is an essential tool for improving public health infrastructure and outcomes; however, existing state statutory public health laws may be insufficient. Built over decades in response to various diseases/conditions, public health laws are antiquated, divergent, and confusing. The Turning Point Public Health Statute Modernization National Collaborative addressed the need for public health law reform by producing a comprehensive model state act. The Act provides scientifically, ethically, and legally sound provisions on public health infrastructure, powers, duties, and practice. This article (...) examines how statutory law can be a tool for improving the public's health, existing needs for public health law reform, themes and provisions of the Turning Point Act, and how it is being used by public health practitioners. (shrink)

Bioethics committees have issued guidelines that medical interventions should be permissible only in cases of clinically verifiable disease, deformity, or injury. Furthermore, once the existence of one or more of these requirements has been proven, the proposed therapeutic procedure must reasonably be expected to result in a net benefit to the patient. As an exception to this rule, some prophylactic interventions might be performed on individuals “in their best interests” or with the aim of averting an urgent and potentially calamitous (...) public health danger. In order to invoke these exceptions, a stringent set of criteria must first be satisfied. Additionally, where the proposed prophylactic intervention is intended for children, who are unlikely to be able to provide a meaningfully informed consent, a heightened scrutiny of any such measures is required. We argue that children should not be subjected to prophylactic interventions “in their best interests” or for public health reasons when there exist effective and conservative alternative interventions, such as behavioural modification, that individuals could employ as competent adolescents or adults to avoid adverse health outcomes. Applying these criteria, we consider the specific examples of prophylactic mastectomy, immunisations, cosmetic ear surgery, and circumcision. (shrink)

The laws of distribution follow at once from Lyndon's interpolation theorem and the fact that the fallacy of many terms is a fallacy.

Book Information The Weight of Finitude: On the Philosophical Question of God. By Ludwig Heyde. State University of New York Press. Albany. 1999. Pp. 177 + xviii. Paperback, US$17.95.

Promoting and protecting the public's health in the United States and abroad are intricately tied to laws and policies. Laws provide support for public health measures, authorize specific actions among public and private actors, and empower public health officials. Laws can also inhibit or restrict efforts designed to improve communal health through protections for individual rights or structural principles of government. Advancing the health of populations through law is complex and subject to constant tradeoffs. This column seeks to explore the (...) role of law in the interests of public health through scholarly and applied assessments across a spectrum of key issues. The first of these assessments focuses on a critical topic in emergency legal preparedness. (shrink)

This article argues against privileging the expectations of settlers over those of dispossessed peoples. I assume in this article that historical rights to occupancy do not persist through all changes in circumstances, but a theory of justice should reduce perverse incentives to unjustly settle on land in hopes of legitimating occupancy. Margaret Moore, in her 2015 book, A Political Theory of Territory, tries to balance these intuitions through an argument based on legitimate expectations. I argue that Moore’s attempt to reduce (...) perverse incentives (through expectation-altering institutional design) fails. Moore unduly privileges settler expectations, especially over those of indigenous peoples. I criticize United States court decisions resurrecting the expectations of past settlers in the allotment era (which share structural features with Moore’s arguments). Lastly, distinguishing between ‘final’ supersession of historical injustice through changing circumstances, and ‘dormant’ supersession, shows how indigenous claims to land and jurisdiction may revive. (shrink)

To desire something is a condition familiar to everyone. It is uncontroversial that desiring has something to do with motivation, something to do with pleasure, and something to do with reward. Call these "the three faces of desire." The standard philosophical theory at present holds that the motivational face of desire presents its unique essence--to desire a state of affairs is to be disposed to act so as to bring it about. A familiar but less standard account holds the hedonic (...) face of desire to reveal to true nature of desire. In this view, to desire something is to tend to pleasure if it seems that the desired state of affairs has been achieved, or displeasure if it seems otherwise, thus tying desire to feelings instead of actions. In Three Faces of Desire, Schroeder goes beyond actions and feelings to advance a novel and controversial theory of desire that puts the focus on desire's neglected face, reward. Informed by contemporary science as much as by the philosophical tradition, Three Faces of Desire discusses recent scientific discoveries that tell us much about the way that actions and feelings are produced in the brain. In particular, recent experiments reveal that a distinctive system is responsible for promoting action, on the one hand, and causing feelings of pleasure and displeasure, on the other. This system, the brain's reward system, is the causal origin of both action and feeling, and is the key to understanding the nature of desire. (shrink)

This paper discusses the nature and the status of inference to the best explanation. We outline the foundational role given IBE by its defenders and the arguments of critics who deny it any place at all ; argue that, on the two main conceptions of explanation, IBE cannot be a foundational inference rule ; sketch an account of IBE that makes it contextual and dependent on substantive empirical assumptions, much as simplicity seems to be ; show how that account avoids (...) the critics ' complaints and leaves IBE an important role ; and sketch how our account can clarify debates over IBE in arguments for scientific realism. (shrink)

The United States is at a critical crossroads in its foreign policy and its relationship to the international community. Indeed, the very existence of an international community, rooted in the authority of the United Nations and capable of enforcing its resolutions, is from Washington's contemporary perspective an issue of contention. The foreign policy of the administration of George W. Bush has demonstrated, both before and after the tragic events of 11 September 2001, a willingness to undertake major initiatives unilaterally when (...) these are deemed to be in the vital interest of the United States specifically or of international order generally. In light of the inability of the United Nations to exercise collective will in the effort to disarm the aggressive regime of Saddam Hussein in Iraq, 1991-2003, Washington's determination to act alone or in coalitions-of-the-willing to secure international order is a welcome alternative to the international community as it is presently constituted. (shrink)

Booker T. Washington (1856?1915), Principal of Tuskegee Institute, delivered an electrifying oration at the Atlanta Exposition in 1895. He drew cheers from white elites in the segregated audience, as also admiration, initially, from many blacks. Washington's ?Atlanta Compromise? speech unilaterally volunteered forfeiture of black political rights in the hope of white endorsement of limited black access to the lower rungs of the economic ladder. Washington's specific program ? prioritising work, vocational education, racial self?help etc. over any quest for political rights (...) ? was not original. His enigmatic ability to sell these notions to mutually opposed constituencies was startling. As Washington quickly rose to become one of the most powerful figures in America, the fortunes of his people, over the same period, spiralled away into the depths. The great imbalance between gain and loss in the ?Compromise? prompts the question whether or in what degree Washington ever shed a ?slave mentality? early imposed by violence and indoctrination. (shrink)

Rousseau’s account of the “legislator” or “lawgiver” is commonly regarded as one of the most far-fetched, ominous, and baffling parts of his teaching in the Social Contract. In brief, Rousseau’s lawgiver seems to be a proto-totalitarian figure whose self-appointed mission is to found a political community by “denaturing” people at a single stroke and who may be a mere figment of Rousseau’s overheated imagination. Accordingly, this part of the Social Contract threatens to make a mockery of Rousseau’s claim to be (...) “taking men as they are and laws they can be,” as well as his claim that the combination of “ freedom and equality” is “the greatest good” in the civil state. Following and extending Rousseau’s own method of teaching by examples, however, this essay argues that Benjamin Franklin’s influence over the American republic—especially through his posthumous Autobiography—offers a prosaic example of the apparently fantastical phenomenon sketched by Rousseau. In fact, I argue that Franklin’s case corresponds more fully to Rousseau’s description than do any of Rousseau’s own examples (such as Moses, Lycurgus, and Numa) and that Franklin showed in practice what Rousseau suggested in theory: that a lawgiver can succeed without relying on coercion and without undercutting the equality that underlies a just society. Franklin’s denaturing influence, I suggest, has been crucial for the durability of republicanism in the United States, given the country’s size and diversity. (shrink)

In this article, I criticize Véronique Zanetti on the topic of moral compromise. As I understand Zanetti, a compromise could only be called a “moral compromise” if (i) it does not originate under coercive conditions, (ii) it involves conflict whose subject matter is moral, and (iii) “the parties support the solution found for what they take to be moral reasons rather than strategic interests.” I offer three criticisms of Zanetti. First, Zanetti ignores how some parties may not have reason to (...) seek social peace at all. Zanetti’s claim that there is consensus on the aim of social peace can involve idealising away from disagreement in a manner that Zanetti accuses Rawls of. Second, even if there is consensus on the aim of seeking social peace, this leaves open the possibility of disagreement about which society different people should belong to. This idealises away from real world conflict concerning borders. Indeed, Zanetti does not mention that her ‘central example’ of moral disagreement, the German Abortion compromise, was enacted in the wake of German reunification. Third, there are at least two things that can be called the ‘German Abortion compromise.’ The compromise that Zanetti speaks of was imposed by the German Federal Constitutional Court. The court declared unconstitutional a law passed in 1992 that had been negotiated in parliament. Zanetti does not dwell on this lack of democratic credentials. Even the substance of the court-imposed solution is itself a dubious example of a moral compromise between parties based on what is acceptable to their reason. -/- (penultimate version - If you would like the .pdf of the final version for personal scholarly use, please contact me through the email address on my profile or my CV.). (shrink)

A history of the many different forms that the linguistic turn took would be a history of much of twentieth‐century philosophy. A. J. Ayer was the first holder of the Wykeham Chair to take the linguistic turn. Michael Dummett makes clear that he takes this concern with language to be what distinguishes “analytical philosophy” from other schools, the first‐personal inaccessibility of the language of thought makes such a version of the linguistic turn methodologically very different from the traditional ones. Even (...) within what is usually considered analytic philosophy of mind, much work violates the two tenets of conceptual philosophy. One might try to see in contemporary metaphysics a Quinean breakdown of divisions between philosophy and the natural sciences. Historians of philosophy on the grand scale may be too Whiggish or Hegelian to regard the linguistic or conceptual turn as merely a false turning from which philosophy is withdrawing that it recognizes its mistake. (shrink)