Risk, Rights, and Restitution

In “Imposing Risks,” Judith Thomson gives a case in which, by turning on her stove, she accidentally causes her neighbor’s death. She claims that both the following are true: (1) she ought not to have caused her neighbor’s death; (2) it was permissible for her to turn her stove on. In this paper it is argued that it cannot be that both (1) and (2) are true, that (2) is true, and that therefore (1) is false. How this is so is explained, and the implications of this position regarding the relation between rights and duties is explored.     

Why a Victim's Age is Irrelevant When Assessing the Wrongness of Killing

Intuitively, all killings are equally wrong, no matter how old one's victim. In this paper we defend this claim — The Equal Wrongness of Killings Thesis — against a challenge presented by Kasper Lippert-Rasmussen. Lippert-Rasmussen shows The Equal Wrongness of Killings Thesis to be incompatible with two further theses: The Unequal Wrongness of Renderings Unconscious Thesis and The Equivalence Thesis. Lippert-Rasmussen argues that, of the three, The Equal Wrongness of Killings Thesis is the least defensible. He suggests that the most convincing considerations apparently in favour of the Equal Wrongness thesis may be satisfied just as well if we adopt an alternative principle, a 'Prioritarian View' about the wrongness of killing. We argue that The Prioritarian View does not resolve the trilemma: it too is inconsistent with the other two theses. Instead, we argue, the most plausible resolution of the trilemma involves a rejection, rather, of The Unequal Wrongness of Renderings Unconscious Thesis. In its place, we offer an attractive principle that is compatible with both The Equal Wrongness of Killings Thesis as well as The Equivalence Thesis.     

Kamm and Miller on Rights’ Compatibility

In their recent books, National Responsibility and Global Justice (2007) and Intricate Ethics (2007), David Miller and Frances Kamm give two similar arguments aimed at preventing their favoured accounts of the moral justification of rights from justifying an excess of demanding assistance rights. Both arguments appeal to the fact that a proliferation of assistance rights would conflict with other rights. In this paper, I show that these arguments fail. As Miller recognises in a footnote, the failure of such arguments appears to support an alternative holistic approach to the moral justification of rights. But I will show that, without significant further argument that Miller and Kamm do not provide, this holistic approach offers no better support for Miller’s and Kamm’s claim that there are few demanding assistance rights.     

Reliabilism,scepticism, and evidentia in Ockham

The aim of this paper is to challenge the reliabilist interpretation of William Ockham (ca. 1287–1347)'s epistemology. The discussion proceeds as follows. First, I analyse the reliabilist interpretation into two theses: (1) a negative thesis I call the Anti-Internalism Thesis, according to which, for Ockham, epistemic justification does not depend on any internal factors that are accessible by reflection; (2) a positive thesis I call the Reliability Thesis, according to which epistemic justification in Ockham depends on the reliability of a causal process through which a given judgment is produced. Secondly, I argue that the Anti-Internalism Thesis fails since Ockham's notion of evidentness (evidentia), which is at the heart of his theory of justification, strongly suggests that he posits an indispensable, internalist element of justification. Lastly, I argue that the Reliability Thesis also fails since not only can there be a reliable but inevident judgment in Ockham's framework, his emphasis on causality is best read not as talk of reliability, but as his emphasis on the relation between reason (or evidence) and what is based on reason.     

Some Features of Promises and their Obligations

Promises raise two main philosophical problems, one moral and the other conceptual. The moral problem concerns the normative significance of promising: what is the nature and basis of the obligations and rights to which promises typically give rise? The conceptual problem is to say what a promise is: what is involved in making a promise? In this paper I defend three controversial claims about promising. One is about the moral problem of promising, one is about the conceptual problem, and the last one is about the relationship between my conceptual claim and my moral claim. My conceptual claim is that a speaker makes a promise only if he communicates an intention to undertake an obligation to the hearer. (I refer to this as the “Obligation Conception Thesis.”) My moral claim is that the obligations typically attached to promises are such that they can be acquired only by those who communicate an intention to undertake an obligation. (I refer to this as the “Voluntary Obligation Thesis.”) My third claim is that if the Obligation Conception Thesis is true, the Voluntary Obligation Thesis is true.     

Spanning seven orders of magnitude: a challenge for cognitive modeling

Much of cognitive psychology focuses on effects measured in tens of milliseconds while significant educational outcomes take tens of hours to achieve. The task of bridging this gap is analyzed in terms of Newell's (1990) bands of cognition—the Biological, Cognitive, Rational, and Social Bands. The 10 millisecond effects reside in his Biological Band while the significant learning outcomes reside in his Social Band. The paper assesses three theses: The Decomposition Thesis claims that learning occurring at the Social Band can be reduced to learning occurring at lower bands. The Relevance Thesis claims that instructional outcomes at the Social Band can be improved by paying attention to cognition at the lower bands. The Modeling Thesis claims that cognitive modeling provides a basis for bridging between events on the small scale and desired outcomes on the large scale. The unit‐task level, at the boundary of the Cognitive and Rational Bands, is useful for assessing these theses. There is good evidence for all three theses in efforts that bridge from the unit‐task level to educational applications. While there is evidence for the Decomposition Thesis all the way down to the 10 millisecond level, more work needs to be done to establish the Relevance Thesis and particularly the Modeling Thesis at the lower levels.     

Reasoning about rights and duties: mental models,world knowledge and pragmatic interpretation

We address the way verb-based and rule-content knowledge are combined in understanding institutional deontics. Study 1 showed that the institutional regulations used in our studies were readily categorised into one of two content groups: rights or duties. Participants perceived rights as benefiting the addressees identified by the rule, whereas they perceived duties as benefiting the collective that imposed the rule. Studies 2, 3, and 4 showed that rule content (rights vs. duties) had clear effects on perceptions of violations and relevance of cases for explaining the rule, even when controlling for deontic verb, phrasing of the action permitted by a right, or the formality of the deontic verb. These effects are incompatible with a simple pragmatic disambiguation approach to pragmatic modulation, as they often induce permissibility judgments that contradict the core semantic meanings of the deontic verbs. Other ways of reconciling verb meaning with rule content should be considered in a fuller theory of the interpretation of institutional rules.     

Reasonable Partiality Towards Compatriots

Ethical theories normally make room both for global duties to human beings everywhere and special duties to those we are attached to in some way. Such a split-level view requires us to specify the kind of attachment that can ground special duties, and to explain the comparative force of the two kinds of duties in cases of conflict. Special duties are generated within groups that are intrinsically valuable and not inherently unjust, where the duties can be shown to be integral to relationships within the group. Since nations can be shown to meet these conditions, acknowledging special obligations towards compatriots is justified. However for such partiality to be reasonable, it must be balanced against recognition of duties of global justice. These duties include duties to respect human rights and duties of fairness towards non-nationals. Weighing such duties against domestic duties of social justice is not a simple task, and the outcome should depend on the precise specification of the duty at stake. In particular, the duty to respect human rights fragments into four sub-duties whose force when set against local duties is markedly different.     

Giving Up the Goods: Rethinking the Human Right to Subsistence,Institutional Justice,and Imperfect Duties

Either a person's claim to subsistence goods is held against institutions equipped to distribute social benefits and burdens fairly or it is made regardless of such a social scheme. If the former, then one's claim is not best understood as based on principles setting out a subsistence goods entitlement, but rather on principles of equitable social distribution — a fair share. If, however, the claim is not against a given social scheme, no plausible principle exists defining what counts as a reasonable burden for any of the available agents to secure subsistence. No justifiable principle exists implying generalised perfect duties any agent could clearly follow or clearly breach that secure subsistence conditions for others. At best we can justify rescue duties under very specific conditions, or general but imperfect duties to improve arrangements. Neither of these obviously correlates with human rights standards. Attempts in the literature to overcome the dilemma by claiming basic rights can correlate with imperfect duties or can generate duties to work towards institutions that ‘perfect’ our imperfect duties, are faulty. I then show how the dilemma can be avoided by accounts of human rights focusing on minimum respectful treatment rather than goods or interests.     

On the Cardinality of the Cardinal Virtues

This paper is a detailed study of what are traditionally called the cardinal virtues: prudence, justice, temperance and fortitude. I defend what I call the Cardinality Thesis, that the traditional four and no others are cardinal. I define cardinality in terms of three sub-theses, the first being that the cardinal virtues are jointly necessary for the possession of every other virtue, the second that each of the other virtues is a species of one of the four cardinals, and the third that many of the other virtues are also auxiliaries of one or more cardinals. I provide abstract arguments for each sub-thesis, followed by illustration from concrete cases. I then use these results to shed light on the two fundamental problems of the acquisition of the virtues and their unity, proving some further theses in the latter case.     

Psychophysical relations

Honderich proposes a picture of mind based on three theses including, centrally, the Correlation Thesis (that there are correlations of a lawlike kind between mental occurrents and physical processes). The theses are not fully compatible with ordinary convictions about the efficacy of the mental in determining actions. This paper is mainly concerned to examine the Correlation Thesis and to secure the efficacy of the mental within a materialist picture. A consideration of the possible forms that psychophysical relations might take, with due regard to neuropsychological theory and results, supports a psychophysical identity theory. Leibniz's Law can be satisfied, on a suitably informed reading of the identity statement, so as to capture the intuition that mental occurrents are identical not with physical processes simpliciter, but with the undergoing of them. If the psychophysical relation is identity, then the efficacy of the mental is secured within a materialist picture based on a natural‐kinds theory.     

Confining Pogge’s Analysis of Global Poverty to Genuinely Negative Duties

Thomas Pogge has argued that typical citizens of affluent nations participate in an unjust global order that harms the global poor. This supports his conclusion that there are widespread negative institutional duties to reform the global order. I defend Pogge’s negative duty approach, but argue that his formulation of these duties is ambiguous between two possible readings, only one of which is properly confined to genuinely negative duties. I argue that this ambiguity leads him to shift illicitly between negative and positive duties, and ultimately to overstate the extent of the negative ones. I also argue that recognition of this ambiguity makes it possible to draw a meaningful distinction between the relevant positive and negative duties, and that Pogge’s analysis can therefore be revised in a way that reveals substantial negative institutional duties to the global poor, albeit less extensive ones than Pogge asserts. In order to demonstrate this, I discuss two aspects of the global order that Pogge has criticized: the system of intellectual property rights in pharmaceuticals and the rights of de facto rulers to dispose of a nation’s natural resources. In each case, although I do not specify the relevant negative institutional duties precisely, I try to identify intelligible questions whose answers would reveal genuinely negative duties and show that their likely answers are distinct from the conclusions asserted by Pogge and suggested by his analysis.     

论权利与义务的关系

权利与义务的关系可以归结为两种相关性。一种是一个人的权利与他人的义务的关系:一个人的权利,必然是他人的义务;反之亦然。这是一个人的权利与他人的义务的必然的、客观的、事实如何的关系,亦即所谓“权利与义务的逻辑相关性”。另一种则是基于这种逻辑相关性的“权利义务道德相关性”,亦即一个人的权利应该是对他自己的义务的交换:一个人所享有的权利应该等于他所负有的义务;而他所行使的权利则应该至多等于他所履行的义务。     

Balashov on special relativity, coexistence, and temporal parts

Yuri Balashov has argued that endurantism isuntenable in the context of Minkowskispacetime. Balashov's argument runs through twomain theses concerning the relation ofcoexistence, or temporal co-location. (1)Coexistence must turn out to be an absolute or objective matter; and inMinkowski spacetime coexistence must begrounded in the relation of spacelikeseparation. (2) If endurantism is true, then(1) leads to absurd conclusions; but ifperdurantism is true, then (1) is harmless. Iobject to both theses. Against (1), I arguethat coexistence is better construed as beingrelative to a hyperplane of simultaneity.Against (2), I argue that the consequences of(1) given endurantism are no worse than theconsequences of (1) given perdurantism.     

Langford and Ramachandran on Occasional Identities

In their 'Rigidity, Occasional Identity and Leibniz' Law', The Philosophical Quarterly, 50 (2000), pp. 518–26, Steven Langford and Murali Ramachandran argue that my defence of the transiency and contingency of identity given in my Occasions of Identity is flawed. In that work I supported what I called the Occasional Identity Thesis by defending certain theses about rigid designation and time-indexed properties. Langford and Ramachandran argue that the theses in question have unacceptable consequences. I attempt to show that their argument fails, and that their alternative proposal concerning Leibniz' Law does not work.     

Perception from the First‐Person Perspective

This paper develops a view of the content of perceptual states that reflects the cognitive significance those states have for the subject. Perhaps the most important datum for such a theory is the intuition that experiences are ‘transparent’, an intuition promoted by philosophers as diverse as Sartre and Dretske. This paper distinguishes several different transparency theses, and considers which ones are truly supported by the phenomenological data. It is argued that the only thesis supported by the data is much weaker than those typically considered in the literature, and has no obvious implications for the existence of sensory intermediaries. It does, however, have implications for the content of perceptual experience. It is argued that combining the first personal project with the transparency intuition yields an error theory of perception. The counterintuitive implications of this error theory are mitigated, however, by an account of perceptual beliefs which allows for them to be true even if the perceptual states are non‐veridical.     

Fine-tuning nativism: the ��nurtured nature�� and innate cognitive structures

S. Oyama’s prominent account of the Parity Thesis states that one cannot distinguish in a meaningful way between nature-based (i.e. gene-based) and nurture-based (i.e. environment-based) characteristics in development because the information necessary for the resulting characteristics is contained at both levels. Oyama as well as P. E. Griffiths and K. Stotz argue that the Parity Thesis has far-reaching implications for developmental psychology in that both nativist and interactionist developmental accounts of psychological capacities that presuppose a substantial nature/nurture dichotomy are inadequate. We argue that well-motivated abandoning of the nature/nurture dichotomy, as advocated in converging versions of the Parity Thesis in biology, does not necessarily entail abandoning the distinction between biologically given abilities necessary for the development of higher psychological capacities and the learning process they enable. Thus, contrary to the claims of the aforementioned authors, developmental psychologists need not discard a substantial distinction between innate (biologically given) characteristics and those acquired by learning, even if they accept the Parity Thesis. We suggest a two-stage account of development: the first stage is maturational and involves interaction of genetic, epigenetic and environmental causes, resulting in the endogenous biological ‘machinery’ (e.g. language acquisition device), responsible for learning in the subsequent stage of the developmental process by determining the organism’s responses to the environment. This account retains the crux of nativism (the endogenous biological structure determines the way the organism learns/responds to an environment) whilst adopting the developmentalist view of biology by characterizing environments as distinctly different in terms of structure and function in two developmental stages.     

Meaning in the lives of humans and other animals

This paper argues that contemporary philosophical literature on meaning in life has important implications for the debate about our obligations to non-human animals. If animal lives can be meaningful, then practices including factory farming and animal research might be morally worse than ethicists have thought. We argue for two theses about meaning in life: (1) that the best account of meaningful lives must take intentional action to be necessary for meaning—an individual’s life has meaning if and only if the individual acts intentionally in ways that contribute to finally valuable states of affairs; and (2) that this first thesis does not entail that only human lives are meaningful. Because non-human animals can be intentional agents of a certain sort, our account yields the verdict that many animals’ lives can be meaningful. We conclude by considering the moral implications of these theses for common practices involving animals.     

Common future and personal responsibilities: A comparison between Italian and Burundian students

The political, social, and cultural history of a nation modulates the representations of rights and duties. The aim of this research is to compare students from two countries (Italy and Burundi) in terms of how they define their rights and duties. In the two countries, there are differences both in the legal protection of fundamental rights and in regard to material conditions, which in turn ensure the effectiveness of rights. Focus groups structured around nine questions were conducted in Burundi and in Italy. The discussions with Italian and Burundian students showed some clear differences. Although both groups speak of rights as something to be safeguarded and something that everyone is born with, Italian students do not recognize the complementarity of rights and duties and consider the latter simply as a limit and an obstacle to individual enhancement. On the contrary, Burundian adolescents seem more aware of their personal responsibilities and their role in protecting human rights.