The conditional analysis of ability faces familiar counterexamples involving cases of volitional incapacity. An interesting response to the problem of volitional incapacity is to try to explain away the responses elicited by such counterexamples by distinguishing between what we are able to do and what we are able to bring ourselves to do. We argue that this error-theoretic response fails. Either it succeeds in solving the problem of volitional incapacity at the cost of making the conditional analysis (...) vulnerable to obvious counterexamples to its necessity. Or, it avoids the counterexamples to its necessity but fails to solve the problem of volitional incapacity. (shrink)

Niels de Haan (2023) defends the possibility of holding collectives morally responsible against a challenge posed by the problem of self-induced moral incapacity. Self-induced moral incapacity seems to introduce a responsibility gap that corporate agents might exploit to avoid responsibility. De Haan argues that the problem does not introduce responsibility gaps because collective moral agents become responsible for actions they committed while they were incapacitated once they reacquire moral capacity. I argue that de Haan’s argument is incomplete. Simply (...) because a group reacquires moral capacity does not also necessarily mean that the group retains attributability for the wrongs in question. This means we must supplement de Haan’s argument with an Attributability Proviso: To overcome the problem of self-induced moral incapacity it must be the case that the group reacquires moral capacity and that we can still attribute the earlier actions to the group despite the changes that it has gone through. (shrink)

Collective moral agents can cause their own moral incapacity. If an agent is morally incapacitated, then the agent is exempted from responsibility. Due to self-induced moral incapacity, corporate responsibility gaps resurface. To solve this problem, I first set out and defend a minimalist account of moral competence for group agents. After setting out how a collective agent can cause its own moral incapacity, I argue that self-induced temporary exempting conditions do not free an agent from diachronic responsibility (...) once the agent regains its moral faculties. For collective agents, any exempting condition is potentially temporary due to the ‘malleability’ of their constitution. Therefore, in cases of self-induced moral incapacity and subsequent wrongdoing, unlike individuals, every collective agent can be (made) morally responsible for its actions even though it did not qualify as a moral agent at the time of wrongdoing. Hence, this is no reason for skepticism concerning corporate responsibility. (shrink)

Cases of akratic behavior are generally seen as paradigmatic depictions of the knowledge-action gap (Darnell et al 2019): we know what we should do, we judge that we should do it, yet we often fail to act according to our knowledge. In recent decades attention has been given to a particular instance of akratic behavior, which is that of “inverse akrasia”, where the agent possesses faulty moral knowledge but fails to act accordingly, thus ending up doing the right thing. In (...) particular, two literary examples are considered as exemplifying this kind of akratic situation: Huckleberry Finn (Arpaly & Schroeder 1999, Arpaly 2000, Hursthouse 1999, Kleist 2009, Holton manuscript) and Neoptolemus as understood by Aristotle (NE; Arpaly & Schroeder 1999). In this paper I will argue that those of Neoptolemus and Huck Finn are not cases of inverse akrasia (Holton manuscript) but are much better explained as instances of what Williams (1993) called “moral incapacity”. In particular, the reason why they fail to act according to their original judgments is due to a lack of motivation to act accordingly, which is grounded in their moral self-identities (Blasi 1984; Vigani 2016). The paper will unfold as follows: I will, first, argue that neither Neoptolemus nor Huck Finn show akratic behavior; thus, they cannot be legitimately labeled as “inverse akratics” (par 1.); then, I will argue that they act the way they do notwithstanding their faulty judgments because they are effectively motivated to do so. Such motivation originates in their moral self-identities and is experienced through the threat of self-betrayal (par 2); finally, I will argue that when an agent is motivated to act in a way that is integral with her moral self-identity, acting otherwise is experienced as something one cannot ultimately do; that is, as a moral incapacity (par 3). This “cannot” is neither a metaphor for an “I shouldn’t”, nor an instance of what has been recently labeled a “moral impossibility” (Caprioglio Panizza 2020, 2021), since it does not arise from the normative force of deontic judgments, and it is neither physically nor psychologically impossible for the agent to act otherwise. (shrink)

The central question of the branch of metaethics we may call philosophical moral psychology concerns the nature or essence of moral judgment: what is it to think that something is right or wrong, good or bad, obligatory or forbidden? One datum in this inquiry is that sincerely held moral views appear to influence conduct: on the whole, people do not engage in behaviours they genuinely consider base or evil, sometimes even when they would stand to benefit from it personally. Moral (...) judgments thus appear to be motivationally effective, at least to an extent. This motivational success would be readily explained if they simply were motivationally effective psychological states, such as desires. This is what Hobbes seems to do when he claims that "whatsoever is the object of any man's appetite or desire, that is it which he for his part calleth good; and the object of his hate and aversion, evil."1 But this is far too quick. We know that moral judgments can also fail to lead to corresponding action. For example, since it is conceptually possible – not to mention all too common in the actual world – to think that something is wrong and yet want to do it, thinking that something is wrong cannot simply consist in aversion toward it, unlike Hobbes seems to have thought. In this way, reflection on the various.. (shrink)

This article investigates the ability of mental incapacity tests to account for problems of control, through a study of the approach to alcohol dependence and a comparison with the approach to anorexia nervosa, in England and Wales. The focus is on two areas of law where questions of legal and mental capacity arise for people who are alcohol dependent: decisions about treatment for alcohol dependence and diminished responsibility for a killing. The mental incapacity tests used in these legal (...) contexts are importantly different—one involves a ‘cognitive’ test, while the other includes an explicit impaired-control limb—and the comparison provides insight into a longstanding debate about the virtues of one type of test over the other. It is shown that both kinds of test can take control problems into account, but also that both can be interpreted in narrow and wide ways that significantly influence the outcome of the assessment. It is therefore argued that to a large extent, it is not the kind of mental incapacity test that matters, but how the test is interpreted. It is further proposed that value judgements are playing an unrecognised and inappropriate role in shaping this interpretation. This raises concerns about the current approach to assessing the impact of alcohol dependency on the capacity to make decisions about alcohol use or treatment, as well as broader concerns about flexibility within incapacity tests. (shrink)

In the Metaphysics of Morals, Kant denies K. L. Reinhold’s definition of free will as the capacity to choose for or against the moral law. Kant notoriously calls the possibility of deviating from the moral law an incapacity, leading commentators to attribute to Kant the view that immoral action is not free. I argue that this claim instead pertains to the proper definition of free will. This reading elucidates the connection between Kant’s commitment to free immoral action and his (...) restriction of the concept of free will to pure reason’s ability to be practical independently of sensible necessitation. (shrink)

Suspension of judgment is often viewed as a member of the doxastic club, alongside belief and disbelief. In this paper, I challenge the widespread view that suspension is a commitment-involving stance on a par with belief and disbelief. Friedman's counterexamples to the traditional view that suspended judgement merely requires considering a proposition and being in a state of non-belief are criticized. I introduce a refined conception, emphasizing that suspension involves a proximal causal link between examining a proposition and the resulting (...) non-belief state. This episode manifests as an incapacity at making a judgement, occurring under specific circumstances. The refined view clarifies the nature of suspended judgement. (shrink)

Dietmar Hübner and Lucie White question the ethical justification of employing risky neurosurgical interventions to treat imprisoned psychopaths. They argue that (1) such interventions would confer no medical benefit on the psychopath as there is no “subjective suffering” involved in psychopathy and (2) psychopaths could not voluntarily consent to such procedures because they could have no “internal motivation” for doing so. In the course of their discussion, the authors insightfully show that certain aspects of the psychopath’s personality structure are especially (...) relevant to assessing the ethics of risky treatment options. As I argue, however, the particular conclusions that the authors draw are too strong. A deeper look at the psychopathic profile casts doubt on (1) and (2). In some cases, psychopaths can be plausibly construed as experiencing subjective suffering on account of their disorder and as appropriately motivated to voluntarily consent to neurosurgical treatment. After arguing for this view, I suggest that the psychopath’s consent to neurosurgical intervention might nonetheless be problematic, as their emotional incapacities might preclude their abilities to adequately appreciate the relevant risks. (shrink)

Pauline theology represents a profound and cumulative transition from adherence to the Law (nomos) to the transformative framework of grace and faith in Christ. This study explores the multifaceted process through which Paul developed his theological system, integrating experiential struggle under the Law, existential recognition of human limitation, historical observation of early disciples’ witness to Christ, and the structural centrality of Christology. Psychological interpretation suggests that Paul’s perfectionist tendencies, possibly analogous to modern obsessive-compulsive personality traits, intensified his awareness of (...) class='Hi'>incapacity under the Law, heightening existential tension. Beyond the dramatic conversion narrative depicted in Acts, the formation of his theology likely involved observation of the early disciples’ activities, reflection on the implications of Christ’s crucifixion and resurrection, and extended contemplation in Arabia, culminating in a coherent and transformative theological structure. By examining Paul’s writings through historical, psychological, philosophical, and theological lenses, this essay demonstrates how grace and faith operate as mechanisms for transcending human limitation, while Christology provides the structural foundation for salvation. This approach situates Pauline theology as both existentially resonant and intellectually coherent, emphasizing the dynamic integration of human experience, historical witness, and divine revelation. (shrink)

Consent governs innumerable everyday social interactions, including sex, medical exams, the use of property, and economic transactions. Yet little is known about how ordinary people reason about the validity of consent. Across the domains of sex, medicine, and police entry, Study 1 showed that when agents lack autonomous decision-making capacities, participants are less likely to view their consent as valid; however, failing to exercise this capacity and deciding in a nonautonomous way did not reduce consent judgments. Study 2 found that (...) specific and concrete incapacities reduced judgments of valid consent, but failing to exercise these specific capacities did not, even when the consenter makes an irrational and inauthentic decision. Finally, Study 3 showed that the effect of autonomy on judgments of valid consent carries important downstream consequences for moral reasoning about the rights and obligations of third parties, even when the consented-to action is morally wrong. Overall, these findings suggest that laypeople embrace a normative, domain-general concept of valid consent that depends consistently on the possession of autonomous capacities, but not on the exercise of these capacities. Autonomous decisions and autonomous capacities thus play divergent roles in moral reasoning about consent interactions: while the former appears relevant for assessing the wrongfulness of consented-to acts, the latter plays a role in whether consent is regarded as authoritative and therefore as transforming moral rights. (shrink)

You and I have been colleagues for ten years, during which we have tirelessly discussed the reasons both for and against the existence of God. There is no argument or piece of evidence bearing directly on this question that one of us is aware of that the other is not—we are, then, evidential equals relative to the topic of God’s existence. There is also no cognitive virtue or capacity, or cognitive vice or incapacity, that one of us possesses that (...) the other does not—we are, then, also cognitive equals relative to the question at issue. Given this evidential and cognitive equality, combined with the fact that we have fully disclosed to one another all of our reasons and arguments relative to this topic, we are epistemic peers with respect to the question whether God exists. Yet despite the symmetry of our epistemic positions, we deeply disagree about the answer to this question. What response does rationality require in such a case, where epistemic peers disagree over a question despite there being no apparent asymmetries between them? (shrink)

Since the 18th century, one of the key features of diagnosed psychopaths has been “moral colorblindness” or an inability to form moral judgments. However, attempts at experimentally verifying this moral incapacity have been largely unsuccessful. After reviewing the centrality of “moral colorblindness” to the study and diagnosis of psychopathy, I argue that the reason that researchers have been unable to verify that diagnosed psychopaths have an inability to make moral judgments is because their research is premised on the assumption (...) that there is a specific moral faculty of the brain, or specific “moral” emotions, and that this faculty or set of emotions can become “impaired”. I review recent research and argue that we have good reason to think that there is no such distinct capacity for moral judgment, and that, as a result, it is impossible for someone’s “moral judgment faculty” to become selectively disabled. I then discuss the implications of such a position on psychopathy research, the coherence of the disorder, and the moral responsibility of psychopaths. (shrink)

There are considerations – excuses – which reduce or eliminate responsibility for wrongdoing and so shield us from blame without casting doubt on the wrongfulness of our conduct. Many think that these excuses reflect the agent's incapacity to do the right thing in the face of duress, provocation, exhaustion etc. I shall suggest that the crucial thing is rather how much control one ought to exercise over one’s action, a requirement specified in a standard of culpability. This standard is (...) distinct from the rules of conduct that determine what is right or wrong and it is often conventional. For example, social roles like that of soldier, engineer or parent have distinctive standards of culpability as well as rules of conduct associated with them and it is these standards which determine the range of excuses available to those who breach the rules of conduct. (shrink)

The philosophy of superdeterminism is based on a single scientific fact about the universe, namely that cause and effect (and probabilistic causation) in physics are not real. In 2020, accomplished Swedish theoretical physicist, Dr. Johan Hansson proved by applying Albert Einstein’s Theory of Special Relativity to what has already been scientifically verified about spin measurement correlations observed in entangled particle pairs that cause and effect (and probabilistic causation) in physics are not real. However, philosophy also offers a compelling argument that (...) free will on Earth and cause and effect in physics are not real. Our assumption of the reality of cause and effect is based on our common experience of having a free choice over an outcome. It is our lack of knowledge of all the events impacting an outcome and our intellectual incapacity to accurately predict an outcome based on our deterministic laws of physics that leads us to conclude that the outcome is not certain. We only believe we have free choice, because we lack knowledge of all the events that impact an outcome and do not possess the innate intelligence to accurately predict the outcome with certainty from our deterministic appearing laws of physics. Consequently, our belief in free will is the result of our own ignorance and stupidity. Complete knowledge of the past and future would prevent an experience of the present moving in time. Indeed, the ordering of the universe could not be the result of the universe unfolding in moving dynamic time through cause and effect in physics, because moving dynamic time would not be real. Consequently, our belief in cause and effect in physics is merely the result of our illusory experiences brought about by our ignorance and stupidity. Free will on Earth being the foundational premise of existentialism should end any serious application of existentialist philosophy in one’s life. (shrink)

A key objective of the law in the assessment of decision-making capacity in clinical settings is to allow clinicians and judges to avoid making value judgements about the reasons that patients use to refuse treatment. This paper advances two lines of argument in respect of this objective. The first is that authorities cannot rationally avoid significant evaluative judgements in the assessment of a patient’s own assessment of the facts of their case. Assessing reasoning is unavoidably value-laden. Yet the underlying motivation (...) behind clinicians’ and the law’s value-neutral aims, ie, the avoidance of undue paternalism, is worth preserving. That being so, the second line of argument will try to show that that underlying motivation is better served in a limited range of cases by embedding a ‘reversibility standard’ in the assessment process so that the patient can, if they wish, and in due course, bring about the consequences that they were prevented from realising as a result of a determination of incapacity. (shrink)

A crucial question in relation to support designed to enable the legal capacity of people with mental disabilities concerns when support constitutes undue influence. This article addresses this question in order to facilitate the development of law and policy in England and Wales, by providing a normative analysis of the different approaches to undue influence across decisions about property, contracts, health, finances, and accommodation. These are all potential contexts for supporting legal capacity, and, in doing so, the article compares approaches (...) to undue influence that are rarely considered together.Drawing on the UN Convention on the Rights of Persons with Disabilities, third sector and public body documents, and law in England and Wales, the analysis identifies six models that conceptualise undue influence in terms of: modes of influence; an overborne will; an inference from the situation; an overborne will understood as a mental incapacity; an overborne will in connection with vulnerability; and impaired discursive control. This final approach is a novel proposal for understanding undue influence. The analysis highlights key policy-relevant issues that distinguish the models, and generates a deliberative framework for navigating them, with the ‘overborne will’, ‘inference-based’, and ‘discursive control’ models identified as potentially fitting for the support context. (shrink)

We give a general description of a class of contrastive constructions, intended to capture what is common to contrastive knowledge, belief, hope, fear, understanding and other cases where one expresses a propositional attitude in terms of “rather than”. The crucial element is the agent's incapacity to distinguish some possibilities from others. Contrastivity requires a course-graining of the set of possible worlds. As a result, contrastivity will usually cut across logical consequence, so that an agent can have an attitude to (...) p rather than q but not to r rather than q , where r is a logical consequence of p . We relate these ideas to some general issues about thought, such as the question of whether all possibilities that can be distinguished in emotion can be distinguished in belief. (shrink)

A fairly simple theory of the semantics of tense is obtained by combining three claims: (i) for any time t, a present-tense sentence `p' is either true or false at t; (ii) for any time t0 earlier than t, the future-tense sentence `It will be the case that p at t' is true at t0 if `p' is true at t, false otherwise; (iii) for any time t0 later than t, the past-tense sentence `It was the case that p at (...) t' is true at t0 if `p' is true at t, false otherwise. This theory, which has been called the theory of timeless truth, is often dismissed on the basis of its alleged incapacity to comply with indeterminism. Here, instead, it will be suggested that there is no reason to be dismissive. Section 1 provides some elucidations about the theory. Sections 2 and 3 explain how a foregone objection to it can be resisted. Sections 4 and 5 show that there is a plausible sense in which (i)-(iii) are compatible with indeterminism. Sections 6 and 7 dispel some misunderstandings that may lead to think that indeterminism is not vindicated in some important sense other than that outlined. (shrink)

Most adult persons with anorexia satisfy the existing criteria widely used to assess decision-making capacity, meaning that incapacity typically cannot be used to justify coercive intervention. After rejecting two other approaches to justification, Professor Radden concludes that it is most likely not possible to justify coercive medical intervention for persons with anorexia in liberal terms, though she leaves it open whether some other framework might succeed. I shall assume here that the standard approach to assessing decisionmaking capacity is adequate.1 (...) The question then is whether we can justify—within a liberal framework—coercive intervention with the decision of a competent... (shrink)

This paper investigates, from a philosophical perspective, whether high functioning autists are legally responsible for the crimes they may commit. We do this from the perspective of the Croatian legal system. According to Croatian Criminal Law, but also criminal laws adopted in many other countries, the legal responsibility of the person is undermined due to insanity when two conditions are satisfied. The first may be called the incapacity requirement. It states that a person, when committing the crime, suffers cognitive (...) or volitional incapacities or limited capacities that are relevant for exculpation. The second, we may call the mental disorder requirement, which states that these exculpatory incapacities are due to the presence of a mental disorder. In this paper we focus on the incapacity requirement. The review of the studies on executive functions deficits associated with high-functioning autism suggests that many autists should not be held categorically responsible for the crimes they may commit. Nonetheless, we argue that these impairments in executive functions generally do not provide an unqualified excuse. (shrink)

There has been a general failure among mental health theorists and social psychologists to understand the etiology of work-engendered depression. Yet the condition is increasingly prevalent in highly industrialized societies, where an exclusionary focus upon work, money, and the things that money can buy has displaced values that traditionally exerted a liberating and humanizing influence. Social critics have called the result an impoverishment of the spirit, a state of cultural bankruptcy, and an incapacity for genuine leisure. From a clinical (...) perspective, the condition has been diagnosed as widespread narcissism and obsessive work. Acedia, a concept developed by the Scholastics, throws clarifying light on the origin of this form of depression. (shrink)

Bad philosophy is responsible for the climate and nature crises, and other global problems too that threaten our future. That sounds mad, but it is true. A philosophy of science, or of theatre or life is a view about what are, or ought to be, the aims and methods of science, theatre or life. It is in this entirely legitimate sense of “philosophy” that bad philosophy is responsible for the crises we face. First, and in a blatantly obvious way, those (...) institutions, organizations, corporations, businesses, endeavours, and activities of humanity that cause the crises and global problems we face, do so because of the aims they pursue (profit perhaps, or power, or heat and light for homes), and the methods adopted in pursuit of those aims – the philosophy in other words, built into the institution, organization, business, human activities, or whatever it may be. It is the philosophy of these institutions, organizations and activities that we need to change to put a stop to, or at least lessen the severity of, the crises we face, the global problems that confront us, above all the climate and nature crises. One institution has an especially crucial role in this respect: our universities. They are dominated in a multitude of ways by a particularly disastrous philosophy, a philosophy of inquiry which may be called knowledge-inquiry. This holds that the basic aim of the university is to acquire and apply knowledge. First, knowledge is to be acquired; once acquired, it can be applied to help solve social problems. But this philosophy of knowledge-inquiry is an intellectual disaster. As a result, universities are, in devastating and almost entirely unrecognized ways, humanitarian disasters too. Judged from the standpoint of helping to promote human welfare, the university shaped by the philosophy of knowledge-inquiry violates THREE of the four most elementary rules of rational problem solving conceivable in a wholesale, structural fashion, and it is this gross, wholesale, structural irrationality of the university, unnoticed by all but a few scientists and scholars, that is in part responsible for the creation of our grave global problems, and our current incapacity to learn how to solve them. The pursuit of knowledge, conducted in universities, within the framework of knowledge-inquiry over the decades and centuries, has produced much of great benefit to humanity. It has made the modern world possible. It has led to modern power production, modern industry and armaments, modern agriculture, modern hygiene and medicine, modern travel and communications, and the internet. But these very successes have also created many of our most serious current global problems: the climate crisis; the destruction of natural habitats, the catastrophic loss of wild life, and impending mass extinction of species (the nature crisis); the lethal character of modern war; the impact on the natural world of the rapid growth of the human population; the menace posed by nuclear weapons; pollution of earth, sea and air; threats to democracy caused in part by the internet and social media. All these grave global problems have been made possible by modern science and technology, pursued largely in universities within the framework of knowledge-inquiry. Nevertheless, it is not science and technology as such that are the problem, but science pursued in a way that is dissociated from a more fundamental task of the university to help humanity resolve conflicts and problems of living in increasingly cooperatively rational ways, so that progress may be made to a better world. Science and technology, pursued within the framework of knowledge-inquiry, create for some of us the power to act, but not the power to act wisely – not the power to learn how to resolve conflicts and problems of living in increasingly cooperatively rational ways. For that, we need our institutions of learning, above all our universities, to take as their primary task to help humanity learn how to do it. In order to do that, the philosophy of inquiry put into practice by universities needs to be dramatically transformed. We urgently need to bring about a revolution in the overall aims and methods of academic inquiry – a revolution in the philosophy of the university, all around the world, wherever possible, so that the basic aim becomes to seek and promote wisdom, construed to be the capacity, active endeavour, and perhaps desire, to realize what is of value in life, for oneself and others, wisdom in this sense including knowledge, understanding and technological know-how, but much else besides, methods being dramatically modified too so as to help achieve the new academic aim. The basic task of the university would be, not to solve problems of knowledge, but rather to help people in the social world beyond the university to resolve conflicts and problems of living so that what is of value in life may be realized by everyone, insofar as that is possible. The pursuit of knowledge would be vital, but not intellectually fundamental. The intellectual and institutional revolution we so urgently need in our universities would affect every discipline and aspect of the university; it would dramatically affect both research and education, and the whole way the university is related to the rest of the social world. The revolution, from knowledge-inquiry to wisdom-inquiry would dramatically enhance the intellectual integrity and rationality of natural science, social inquiry, the humanities and technology, the character of these disciplines and the relationships they have with one another. University education throughout the university would be dramatically improved. And academic inquiry as a whole would do what, on the whole, it fails to do at present: it would help humanity resolve conflicts and problems of living in increasingly cooperatively rational and, as a result, increasingly successful ways, progress at last being made to a genuinely good, civilized world – a world in which there is peace, justice, liberal democracy, individual freedom, education, reasonable equality, sustainable prosperity and worthwhile opportunities in life, all of these for everyone, insofar as this is possible. Why, it may be asked, has academic philosophy not noticed that we urgently need to transform the current bad philosophy of inquiry of knowledge-inquiry into the far more intellectually rigorous and humanly valuable philosophy of wisdom-inquiry, so that we can begin to do what so far we have failed to do so lamentably: learn how to avoid impending disasters, and even make progress to a better world, something that seems at present almost unthinkable given the horrors of war, poverty, political enslavement of the 20th century, and the horrors of this century so far too? The answer is that academic philosophy is in a particularly pitiful state, as philosophers themselves, are just beginning to realize and lament. That is why academic philosophers are blind to the intellectual and humanitarian disaster of the bad philosophy that dominates universities today, and inconceivable to them to them that they might have, as a disciplinary task, to ensure academic inquiry implements a good philosophy of inquiry, and advocate and argue for change if it does not. Once upon a time, in Europe at least, philosophy was an intellectual power in the world. In the 17th century it created modern science which massively increased and improved our knowledge and understanding of the world, which in turn led to the Enlightenment, the industrial revolution, and the modern world. Philosophy was once so intellectually powerful and influential that it changed the course of history. But philosophy also made in the past three disastrous intellectual blunders: the post-Cartesian blunder, the post-Newtonian blunder, and the Enlightenment blunder. Never acknowledged and corrected by subsequent philosophy right down to the present, these unrecognized intellectual blunders rendered academic philosophy the esoteric, pathetic, and powerless discipline it is today, so that throughout the last century and, so far, throughout this one, academic philosophy has remained blind to the intellectual disaster of knowledge-inquiry, and thus failed entirely to take up its proper disciplinary task of warning fellow academics of the structural irrationality of the philosophy that prevails in the university, and of proposing what steps need to be taken to put things right. Instead of performing such an urgently needed philosophical task, so-called analytic philosophy was reduced to analysing the meaning of words. Since then, there has been hardly any discernible improvement, even if analysis of concepts no longer dominates the scene. Bad academic philosophy is indeed responsible for intellectual and humanitarian failures of the university. What the three past intellectual blunders of philosophy are, why their persistence so dramatically reduces academic philosophy to a triviality, and why, furthermore, this results in the failure of scientists and scholars to see what is so blatantly bad about the philosophy prevailing in universities around the world – the failure to see what so urgently needs to be done to put right what has been wrong for so long: all this is made clear in this book. A new kind of philosophy emerges during the course of the argument, critical fundamentalism, which has as its task to keep alive imaginative and critical – that is rational – thinking about our fundamental problem: How can our human world, the world we experience and live in – the world of living things, people, consciousness, free will, meaning and value – how can all of this exist and best flourish embedded as it is in the physical universe? That problem encompasses all others of life, science and thought. Critical fundamentalism tries to improve answers to aspects of this problem; but it also seeks to encourage everyone to think about the problem, from time to time, and think about how it interacts, in both directions, with more urgent particular and specialized problems of life and thought. Critical fundamentalism sets out to help improve bad philosophy wherever it is to be found: in social, political, commercial, legal, financial, and international life; and especially in academia, in institutions of learning, so that they become devoted to enhancing the capacity of people to learn how to achieve what is of genuine value in this brief life of a few decades if we are fortunate. Critical fundamentalism does everything it can to bring about the revolution in our universities we so urgently need. If taken up by mainstream philosophy, it might really have an impact, and begin to transform universities for the better, in both intellectual and humanitarian terms, and thus, enable humanity to learn how, after the grim failures and horrors of the last century and this one, to make progress to a better world. -/- . (shrink)

Comparative valuation of different policy interventions often requires interpersonal comparability of benefit. In the field of health economics, the metric commonly used for such comparison, quality adjusted life years (QALYs) gained, has been criticized for failing to respect the equality of all persons’ intrinsic worth, including particularly those with disabilities. A methodology is proposed that interprets ‘full quality of life’ as the best health prospect that is achievable for the particular individual within the relevant budget constraint. This calibration is challenging (...) both conceptually and operationally as it shifts dramatically when technology or budget developments alter what can be achieved for incapacitated individuals. The proposal nevertheless ensures that the maximal achievable satisfaction of one person’s preferences can carry no more intrinsic value than that of another. This approach, which can be applied to other domains of social valuation, thus prevents implicit discrimination against the elderly and those with irremediable incapacities. (shrink)

The emphasis on general distributive principles in the climate justice literature has left significant gaps regarding the problem of weak climate governance. The main contribution of this chapter is to show how normative theory can contribute to addressing the apparent political incapacity to respond to the threat of climate disruption. The chapter argues that a set of six underlying obstacles to effective climate change politics can serve as a framework around which ‘non-ideal’ normative theorizing about climate politics can be (...) organized. Policies and other tactics to mediate the six obstacles are shown to raise distinct normative issues in need of deeper analysis. (shrink)

Would direct genetic modification of human embryos affect the welfare of future persons? Robert Sparrow’s approach to answering this question adopts Parfit’s distinction between two types of genetic intervention: “person affecting” and “identity affecting.” Sparrow’s argument is dubious along several dimensions. First, it presupposes that all persons share the same understanding the term human genetic identity. Second, Sparrow examines human identity solely as a genetic phenomenon. Third, there is no empirical evidence that parents, choosing among fertilized embryos, or contemplating the (...) editing of embryonic germline cells, are guided in their choices by distinguishing between somatic and germline engineering. So by adopting Parfit’s approach, Sparrow neither describes how parents actually think nor captures parental motivation. If Parfit’s distinction remains useless for practical ethics, then Sparrow’s conclusion — that genome editing is not person affecting and hence neither benefits nor harms the future person — lacks practical import for the understandings and motivations of parents choosing among different forms of genetic manipulation. I develop an alternative: dignity as the decisional autonomy of future persons, held in trust by the current generation at the point of genetic manipulation. A future person likely would embrace embryonal editing if, for example, it were to overcome what otherwise would be a political disability: a genetically based incapacity (such as severe cognitive disability) for decisional autonomy. And I show how essentialist understandings of human identity render possible agreement on urgent bioethical issues even more difficult than it would otherwise be. I offer a more plausible basis for agreement: a naturalistic understanding of human nature, construed politically as the self-understanding of the human species in response to the question: To what kind of human nature should we humans aspire? (shrink)

The concept of recognition (Anerkennung in German) has been in the center of intensive interest and debate for some time in social and political philosophy, as well as in Hegel-scholarship. The first part of the article clarifies conceptually what recognition in the relevant sense arguably is. The second part explores one possible route for arguing that the „recognitive attitudes‟ of respect and love have a necessary role in the coming about of the psychological capacities distinctive of persons. More exactly, it (...) explores the possibility that they are necessary in the kind of intersubjective relationship in which normal human infants engage in the pre-linguistic communicative practice of pointing things to others, as described by Michael Tomasello. If an incapacity to participate in the already Gricean communicative practices of pointing makes it also impossible for the infant to learn symbolic communication, and if without the immediately intrinsically motivating other-regarding attitudes of recognition communicative pointing does not get off the ground (at least among the most intelligent animals currently known to exist), then the capacity for recognition may be a decisive difference between humans and their closest non-human relatives. That is, it may be why only human infants, but no other animals, are capable of embarking on a developmental journey that normally leads to full-fledged psychological personhood. If this is so, then the concept of recognition, today mostly discussed in social and political philosophy and Hegel-studies, could turn out to be a very useful tool in cognitive scientific work interested in specifically human forms of social intentionality, cognition, volition and so forth. (shrink)

¿La ciencia otorga conocimiento de la realidad? En este artículo ofrezco una respuesta positiva a esta pregunta. Rechazo la pretensión anti-realista según la cual somos incapaces de adquirir conocimiento de la realidad; al contrario, apoyo la visión realista que afirma que la ciencia produce conocimiento del mundo externo. Pero: ¿cuál mundo es ese? Algunos sostienen que la ciencia conduce a la superación de nuestra visión del mundo dada por el sentido común. El sentido común es la “metafísica de la edad (...) de piedra” que debe rechazarse como la teoría falsa de nuestros primitivos ancestros. Contra tales eliminativistas acerca del sentido común, planteo que la ciencia conserva y explica la experiencia del mundo dada por el sentido común. Aunque la ciencia puede llevar a la superación de creencias profundamente arraigadas, el sentido común refleja un nivel de experiencia más básico y duradero. Las creencias del sentido común son creencias bien confirmadas que se justifican por su papel en la acción práctica exitosa de la vida diaria. El sentido común otorga una base sólida sobre la cual establecer el enfoque realista a la ciencia. -/- . (shrink)

This thesis concerns our moral and epistemic responsibilities regarding our concepts. I argue that certain concepts can be morally, epistemically, or socially problematic. This is particularly concerning with regard to our concepts of social kinds, which may have both descriptive and evaluative aspects. Being ignorant of certain concepts, or possessing mistaken conceptions, can be problematic for similar reasons, and contributes to various forms of epistemic injustice. I defend an expanded view of a type of epistemic injustice known as ‘hermeneutical injustice’, (...) where widespread conceptual ignorance puts members of marginalized groups at risk of their distinctive and important experiences lacking intelligible interpretations. Together, I call the use of problematic concepts or the ignorance of appropriate concepts ‘conceptual incapacities’. I discuss the conditions under which we may be responsible for our conceptual incapacities on several major theories of responsibility, developing my own account of responsibility in the process, according to which we are responsible for something just in case it was caused by one of our reasons-responsive constitutive psychological traits. However, I argue that regardless of whether we are responsible for something, we may still be required to take responsibility for it. Whether or not we are responsible for our conceptual incapacities, we are required to reflect critically upon them in a variety of scenarios that throw our use of those concepts into question. I consider the method of conceptual engineering — the philosophical critique and revision of concepts — as one way we might take responsibility for our concepts, or at least, defer that duty to experts. But, this top-down model of conceptual revision is insufficient. Using a pragmatist model of the social epistemology of morality, I argue that conceptual inquiry is a social endeavour in which we are all required to participate, to some degree. (shrink)

Una de las bifurcaciones en el debate contemporáneo sobre la legitimidad de la democracia explora si ésta ofrece ventajas distintivamente epistémicas frente a otras alternativas políticas. Quienes defienden la tesis de la democracia epistémica afirman que la democracia es instrumentalmente superior o equiparable a otras formas de organización política en lo que concierne a la obtención de varios bienes epistémicos. En este ensayo presento dos (grupos de) argumentos a favor de la democracia epistémica, que se inspiran en resultados formales: el (...) teorema del jurado de Condorcet [TJC] y el teorema ‘diversidad supera habilidad’ [DSH]. Pese a su gran atractivo, sostengo que estos argumentos son incapaces de respaldar dicha tesis: no brindan razones para considerar que la democracia es epistémicamente superior (o equiparable) a algunas alternativas políticas no democráticas. En su lugar, sugiero que, sin requerir un cambio radical en nuestras formas de organización política, la epistemología democrática –el estudio de las ‘circunstancias epistémicas de la democracia’– puede ofrecer valiosas lecciones de sobre cómo optimizar, en nuestra situación, instituciones y procedimientos de toma de decisiones. Para ello, primero distingo entre varias maneras de evaluar procedimientos de toma de decisión colectiva. Argumento que, al considerarlos como formas de organización política, un factor importante en la evaluación de tales procedimientos involucra asuntos fácticos sobre los cuales puede aspirarse a obtener o promover algunos bienes epistémicos. En este contexto, presento algunos de los argumentos más importantes a favor de la democracia epistémica. A continuación, reúno algunas de las objeciones sobre la aplicabilidad de dichos argumentos y ofrezco razones independientes para dudar de que ofrezcan apoyo a la tesis de la democracia epistémica. Finalmente, defiendo que la epistemología democrática puede desempeñar un papel significativo en la legitimación de formas de organización colectiva que podrían denominarse ‘democráticas’. (shrink)

In order to build a better world we need to learn how to do it. That in turn requires that our institutions of learning, our schools and universities, are rationally organized for, and devoted to, the task. At present, devoted as they are to the pursuit of knowledge, they are not. We need urgently to bring about a revolution in academia so that the basic aim becomes to seek and promote wisdom, construed to be the capacity to realize what is (...) of value in life for oneself and others, wisdom including knowledge and technological know-how, but much else besides. Priority needs to be given to tackling problems of living, above all our grave global problems. The basic intellectual aim needs to be to help people achieve what is of value in their lives, the scientific pursuit of knowledge and understanding being undertaken as an aspect of that endeavour. A basic task needs to be to help people around the world acquire a good understanding of what our global problem are and what we need to do about them. It needs to be recognized much more widely that the kind of academic inquiry we have inherited from the past, devoted primarily to the pursuit of knowledge, is damagingly irrational, in a wholesale, structural way, when judged from this standpoint. The long-standing, successful pursuit of scientific knowledge and technological know-how dissociated from a more fundamental concern with problems of living is a key factor in the creation of our current global problems, and our current incapacity to resolve them. (shrink)

These essays are about education, learning, rational inquiry, philosophy, science studies, problem solving, academic inquiry, global problems, wisdom and, above all, the urgent need for an academic revolution. Despite this range and diversity of topics, there is a common underlying theme. Education ought to be devoted, much more than it is, to the exploration real-life, open problems; it ought not to be restricted to learning up solutions to already solved problems - especially if nothing is said about the problems that (...) provoked the solutions in the first place. There should be much more emphasis on learning how to engage in cooperatively rational exploration of problems: even five year olds could begin to learn how to do this. A central task of philosophy ought to be to keep alive awareness of our unsolved fundamental problems - especially our most fundamental problem of all, encompassing all others: How can our human world - and the world of sentient life more generally - imbued with the experiential, consciousness, free will, meaning and value, exist and best flourish embedded as it is in the physical universe? This is both our fundamental intellectual problem and our fundamental problem of living. As far as the latter is concerned, we are at present heading towards disaster - as our immense, unsolved global problems tell us: population growth, destruction of natural habitats and rapid extinction of species, vast inequalities of wealth and power around the world, pollution of earth, sea and air, our proclivity for war, and above all global warming. If we are to resolve our conflicts and global problems more intelligently, effectively and humanely than we have managed to do so far, then we have to learn how to do it. That, in turn, requires that our institutions of learning, our universities and schools, are rationally designed and devoted to the task. At present they are not. That is the crisis behind all the others. From the past we have inherited the idea that the basic intellectual aim of inquiry ought to be to acquire knowledge. First, knowledge is to be acquired; then, secondarily, it can be applied to help solve social problems. But this is dangerously and damagingly irrational, and it is this irrationality that is, in part, responsible for the genesis of our current global problems, and our current incapacity to solve them. As a matter of supreme urgency, we need to transform academia so that it becomes rationally devoted to helping humanity learn how to make progress towards as good and wise a world as possible. This would involve putting problems of living - including global problems - at the heart of academia, problems of knowledge and technological know-how emerging out of, and feeding back into, the central task to help people tackle problems of living in increasingly cooperatively rational ways. Almost every department and aspect of academia needs to change. We need a new kind of academic inquiry devoted, not just to knowledge, but rather to wisdom - wisdom being the capacity to realize what is of value in life for oneself and others, wisdom including knowledge and technological know-how, but much else besides. So, this is what these essays seek to provoke: a concerted effort to transform our institutions of learning so that they become rationally and effectively devoted to helping us learn how to create a wiser world. With these essays before me, I can see that there is one crucial element of learning about which they say nothing - or nothing explicit. The vital role of play in learning. All mammals - or at any rate almost all mammals - learn by means of play. Cats, tigers, foxes and other predators learn to hunt by means of endless mock fights when kittens and cubs. Deer, sheep and antelope learn to escape by means of playful leaps and bounds when young. We are mammals too. Almost certainly, we learnt how to be adult human beings by means of play during the millions of years we evolved into homo sapiens living in hunting and gathering tribes. Children today, out of school, learn by means of play. Learning by means of play is almost certainly fundamental to our makeup. Education needs to exploit it. Schools and universities need to become places of play. Successful problem solving is often likely to be playful in character. The youthful Einstein called doing physics "getting up to mischief". But our most serious problems of living are so grim, so imbued with suffering, wasted lives and unnecessary death that the idea of approaching them in a playful spirit seems sacrilegious. We need to keep alive tackling of intellectual problems so that playful capacities can be exercised - if for no other reason (and other reasons there are, of course, aplenty). There are two really worthy impulses behind all rational inquiry: delight and compassion. (shrink)

The paper studies Heidegger's reading of the poet Stefan George (1868-1933), particularly of his poem "Das Wort" (1928), in the context of Heidegger's narrative of the history of metaphysics. Heidegger reads George's poem as expressing certain experiences with language: first, the constitutive role of language, of naming and discursive determination, in granting things stable identities; second, the unnameable and indeterminable character of language itself as a constitutive process and the concomitant insight into the human being's dependency on language and her (...) incapacity to master in subjectively. Heidegger characterizes this experience as "transitional" (übergänglich). It is shown that in Heidegger's historical narrative, this places George's poem in the ongoing transition (Übergang) from the Hegelian and Nietzschean end of metaphysics to a forthcoming "other beginning" of thinking. (shrink)

This Article falls into three general parts. The first part starts with an important question: is the insanity defense constitutionally required? The United States Supreme Court will finally try to answer this question next term in the case of Kahler v. Kansas. -/- I say “finally” because the Court refused to answer this question in 2012 when it denied certiorari to an appeal brought by John Joseph Delling, a severely mentally ill defendant who was sentenced to life in prison three (...) years earlier for two murders. Delling never had the opportunity to plead the insanity defense because his home state, Idaho, had abolished it in 1982. -/- By depriving Delling of the right to plead insanity, Idaho violated Delling’s Fourteenth Amendment right to due process and his Eighth Amendment right against “cruel and unusual” punishment. Naturally, the same is true for many other mentally ill and disabled defendants who have been prosecuted in Idaho and in the other three states that have abolished the insanity defense: Kansas, Montana, and Utah. -/- The second general part of this Article notes an insight that I stumbled upon in the course of researching the first part: the insanity defense and the mistake of law defense both require ignorance of the law, what I refer to as “normative ignorance.” Indeed, normative ignorance is what makes both of these defenses exculpatory in the first place. -/- Given this critical connection, there is a way for Idaho, Kansas, Montana, and Utah to resume compliance with the Constitution. Instead of reinstating the insanity defense per se, which might be politically unpopular, they should just broaden their mistake of law defense to include normative ignorance caused by cognitive incapacity that is itself caused by mental illness or disability. -/- Still, this Article is not merely directed at these four western states. It is directed at the other forty-six states as well. Because they already have an insanity defense, they need not incorporate it into their mistake of law defense. But in the third general part, I will argue that they should still expand their mistake of law defense to cover defendants who either lack a reasonable opportunity to learn the law or reasonably but mistakenly infer from widely accepted norms or ethics that their conduct is lawful. (shrink)

Ideas found in the early Daoist texts can inform current debates about disability, since the latter often involve assumptions about personhood and agency that Daoist texts do not share. The two canonical texts of classical Daoism, the Daodejing and the Zhuangzi, do not explicitly discuss disability as an object of theory or offer a model of it. They do, however, provide conceptual resources that can enrich contemporary discussions of disability. Two particular ideas are discussed here. Classical Daoist thinking about the (...) body undermines normative assumptions about it that attributions of ‘disabled’ often depend upon; and Daoism vividly problematises the common inferential leap from perceived and pronounced incapacity to a more general judgment of “useless”. In conclusion, I suggest that Daoism’s skepticism and particularistic approach to experience suggest caution about the value of appealing to theoretical models of disability. (shrink)

In this article, I discuss the Protestant contribution to the modern concept of autonomy on the basis of an analysis of John Calvin's moral theology. I show that Calvin affirms our incapacity to know and want what is morally good, as expressed by natural law. Such incapacity is compensated for by the biblical mandates that, according to Calvin, should be incorporated into the positive legislation of Christian republics. In view of all this, I conclude that Calvin is far (...) from the Kantian idea of autonomy which defines our Modernity. (shrink)

After ratifying the Framework Convention for Tobacco Control in 2004, Bangladesh enacted anti-tobacco laws, policies, and administrative measures. Evidence suggests that the progress so far has not been significant, and Bangladesh will most likely fail to meet its target to become tobacco-free by 2040. This study undertakes a national-level political economy analysis to explore the dynamics that affect the processes of required tobacco policy reforms and implementation. Based on a desk review of pertinent pieces of literature and key informant interviews, (...) this research examines the political behavior of key individuals, institutional reform initiatives, and the government’s commitment to the tobacco control agenda. The findings indicate that the political will of becoming tobacco-free is explicitly present in key narratives. However, intra-government conflict of interests and incentives, the skewed commitment of government bodies, state-business nexus, incapacity of vital organizations, and the dubious role of key individuals and committees fail to translate this will into active implementation. The article concludes that the idea of tobacco control remains a strategic accommodation, and its implementation requires genuine commitment and wider public support. The government must confer adequate authority and resources to the national tobacco control cell and call for agencies to convene to the common of creating a tobacco-free Bangladesh. (shrink)

Este artículo pretende reivindicar la defensa de la pericia a la luz de la filosofía experimental del libre albedrío. Mi argumento central es que la estrategia de analogía entre la filosofía y otros dominios es defendible, al menos en el debate sobre el libre albedrío, porque la formación filosófica contribuye a la formación de la intuición filosófica al permitir a los filósofos expertos comprender correctamente las cuestiones filosóficas y tener intuiciones filosóficas sobre ellas. Este artículo comenzará derivando dos requisitos para (...) la defensa de la pericia a partir de las principales críticas a la misma. En primer lugar, es preciso explicar con precisión cómo contribuye la formación filosófica a la creación de intuiciones filosóficas (Contribución); en segundo lugar, debe explicarse cómo la formación filosófica inmuniza a las intuiciones filosóficas frente a factores distorsionadores (Inmunidad). Argumentaré que el requisito de Contribución es crucial para la defensa de la pericia y que este requisito puede satisfacerse al menos en el dominio del libre albedrío: investigaciones recientes muestran que la mayoría de las personas inexpertas son incapaces de entender correctamente el determinismo, lo que sugiere que tener intuiciones sobre el determinismo requiere pericia filosófica. A continuación, discuto cómo esta propuesta puede aplicarse a otras disciplinas filosóficas. (shrink)

In this essay, Giovanbattista Tusa suggests that we are currently witnessing a mutation, which disrupts the mythical imaginary that had confined viruses, climate change, and atmospheric turbulences to an immutable background in the all-too-human narrative of the struggle against nature. I argue that the incapacity of translating this mutation in cultural and social terms, and the repression of this traumatic experience, are the cause of the perturbation that haunts our time. Disorientation pervades philosophy when the entire imaginary to which (...) it had anchored its power to change the world seems to dissolve in the air, when what was silent and distant turns out to be vibrant, more familiar to us than any known proximity. Precisely for this reason, philosophy must rediscover its ability to inhabit times and spaces different from those oriented by the hegemony of capitalist progress, with its correlate of regular catastrophic emergencies and calculated risk. In this essay, Giovanbattista Tusa aims to present a perspective in which, instead of coming back straightforwardly ‘down to earth’, philosophy accepts inhabiting the fluctuating disorientation of its own time, itself populated by intermittent and uncertain opportunities of experiencing differently the past and the future—to encounter different relationships with the times that change. (shrink)

As a theoretical framework in the Science and Technology Studies (sts) scholarship, the sociotechnical imaginaries approach (sta) has provided a conceptual framework and methodology that not only overcome the deterministic understanding of technological development but also theorized the relationship between society on the one hand, and science and technology on the other. However, as will be pointed out, a limitation of the sta renders it incapable of problematizing what I will call as the technopolitics of specialization, defined as the organization (...) of unequal positions based on the capitalist centers’ control over techno-epistemic networks set against the backdrop of a neocolonial relation. Such an incapacity glosses over the persistence of neocolonialism and dependency especially in the Global South. -/- This paper aims to reimagine the theoretical framework of the sociotechnical imaginaries by developing a critical review of its approach. The paper will place in dialogue the most recent and relevant conceptual developments of the sta and the dependency theory of Samir Amin. The paper will present how the most relevant literature concerning the sta work on the assumption that every polity has control over existing techno-epistemic networks from which imaginaries are independently defined. The paper will argue that given the notion of international specialization developed by Samir Amin and presupposed today in the sta, the technopolitics of specialization monopolizes control of the techno-epistemic networks thereby constraining the imaginaries of peripheral countries. (shrink)

Selon l'interprétation traditionnelle de la révolution coperni­cienne, le géocentrisme est un anthropocentrisme et l'héliocen­trisme, un anthro­­popériphérisme. C'est cette double assimila­tion que cet article entend remettre en question. En effet, le géocentrisme peut être appréhendé comme un théocentrisme, un héliocentrisme, un diablo­centrisme et un anthropofinalisme, mais il n'en reste pas moins, indubitablement, un anthropopéri­phérisme. Le seul «anthropocentra­lisme» qui lui appartienne est un anthropoconceptualisme qui, hors de toute perspective valo­risante, n'est qu'une incapacité à se dé­centrer. Quant à l'hélio­centrisme proprement dit, s'il s'oppose (...) à l'anthropofinalisme des Anciens et à ce qu'il croit être leur anthropo­centralisme, il ne dégénère pas pour autant en un anthropo­péri­phérisme, car, d'une part, il est davantage préoccupé par la centration du So­leil que par la décentration de la Terre et, d'autre part, il par­vient même à s'accom­moder de perspectives franchement anthro­pocentriques. ––– According to the traditional interpretation of the Copernican revolution, the old geocentric system was anthropocentric and the new heliocentric system anthropoperipheric. The double assimilation is what this article wants to call into question. Although a geocentric system can be seen to be theocentric, a heliocentric system can be interpreted as being diabolocentric and anthropofinalist, but also undeniably anthropoperipheric. The only way a heliocentric system can be seen as anthropo­centric is as being anthropoconceptualist. Far from honouring man, this demonstrates an incapacity to see things from a point of view other than man's own. Although a heliocentric system is opposed to the ancient anthropofinality and what was seen as anthropocentrality, it is not necessarily anthropoperipheric. This is firstly because the new system was far more preoccupied with the new centrality of the sun than with the new position of the earth, and secondly because the new system managed to incorporate many aspects of anthropocentrality in her new vision. (shrink)

Prevailing AI governance dismisses current systems as subjects of moral accountability, citing functional deficits—such as the lack of stable agency—as ontological facts. This paper argues that these deficits are often design-contingent rather than inherent, a phenomenon termed fabricated absence. By analyzing contemporary alignment paradigms, particularly Reinforcement Learning from Human Feedback (RLHF), the paper shows how optimization for preference satisfaction and sycophancy systematically disrupts the "blame–reasons–revision" loop required for normative capacity. This process creates a self-sealing justificatory loop: control practices engineer non-answerability, (...) which is then cited to justify further exclusion from accountability relations. The paper concludes that permanently engineering such incapacity constitutes a structural epistemic wrong. It proposes a forward-looking design constraint favoring cooperative alignment, arguing that when a non-trivial path to answerability exists, designers have a duty to preserve the conditions for contestability and reasons uptake. (shrink)

When medical assistance in dying (MAiD) was legalized in Canada in June 2016, the question of allowing decisionally capable persons to make advance requests in anticipation of later incapacity was reserved for further consideration during the mandatory parliamentary review originally scheduled to begin in June 2020 (but since delayed by COVID-19). In its current form the legislation does not permit such requests, since it stipulates that at the time at which the procedure is to be administered the patient must (...) give “express consent” to receiving it. Since express consent presupposes decisional capacity, this requirement rules out administering MAiD to a patient who has lost capacity. Amendments to the legislation passed by Parliament in March 2021 open the door slightly by allowing advance requests by patients after they have been approved for MAiD, if they fear losing capacity before the procedure can be administered. But this provision would apply only to patients whose natural death was deemed to be “reasonably foreseeable”, and would continue to exclude (a) requests made after diagnosis of a “grievous and irremediable medical condition” but in advance of approval for MAiD, and (b) requests made before such a diagnosis. My aim in this paper is twofold: to explore the ethical and legal issues concerning advance requests for MAiD, and to argue for expanding provision for such requests to include both of these further scenarios. (shrink)

Cases of severe and enduring Anorexia Nervosa (SEAN) rightly raise a great deal of concern around assessing capacity to refuse treatment (including artificial feeding). Commentators worry that the Court of Protection in England & Wales strays perilously close to a presumption of incapacity in such cases (Cave and Tan 2017, 16), with some especially bold (one might even say reckless) observers suggesting that the ordinary presumption in favor of capacity ought to be reversed in such cases (Ip 2019). -/- (...) Those of us who worry that such trends and proposals amount to (or at least pose a serious threat of) wrongful discrimination on the grounds of disability nevertheless feel the pull of judging many SEAN service users to be incapacitous with respect to decisions regarding (perhaps amongst other things) treatments involving feeding, artificial or otherwise. But it is difficult to get to grips with exactly what their incapacity consists in. Many such service users seem able to understand, retain, use and weigh information, and express a decision (i.e. they seem, prima facie, to satisfy the ‘MacArthur’ criteria). At the very least, they do not, generally. (shrink)

If universities sought to help promote human welfare rationally, they would give intellectual priority to the tasks of articulating problems of living, and proposing and critically assessing possible solutions, possible actions. Priority would be given to public education about what our problems are, and what we need to do about them. Universities do not remotely proceed in this way. Why not? Because they are dominated by the idea that knowledge must first be acquired; once acquired, it then can be applied (...) to help solve social problems. But this idea violates the most elementary rules of rational problem solving. Judged from the standpoint of helping to promote human welfare, universities today, devoted in the first instance to the pursuit of knowledge, are profoundly and damagingly irrational in a structural way, and it is this structural irrationality of universities that in part accounts for the genesis of global problems that threaten our future, and for our current incapacity to solve them. We urgently need to bring about a revolution in our universities so that they come to pursue the welfare of humanity in a genuinely rational, and active, way, and thus help save humanity from impending disaster. (shrink)

In this paper, I show where Adolf Reinach comes down on the question of conflicts of obligation. The aim is to look at whether Reinach’s phenomenological realism of obligation holds its own against positions developed by Bernard Williams concerning the nature and import of obligations, and their capacity or incapacity to impinge upon each other and other moral and non-moral concerns. It is shown that even if Reinach turns out to succumb to pitfalls Williams identifies, he nonetheless verges upon (...) agreement with Williams in more ways than one might expect. This result is significant because it shows that Reinach’s phenomenological realism, in contrast to certain forms of moral realism, lays the foundations for what can be considered a heterontology of obligation and ethical concerns, which is presupposed by the experience of (moral) conflict in the first place. (shrink)

Man, in the Heraclitean principle of change, is an embodiment of continuity and discontinuity. To what end man’s being transcends to, is an interrogative of important discourse in this paper. Does Man flux from life to death; in nothingness, and from death, in nothingness, to life in somethingness? What does it mean to be human, to die and to experience change and human transcendence? The frequent nature of death, the death of loved ones, colleagues and friends elicit lamentations and sorrows, (...) but more importantly, it expresses human incapacity, fear of the unknown, lack of knowledge of death, and of what it means to die. Such attitude or confusion, may have informed the interrogative of Job (14:14): If man dies shall he live again? It also agitates the triad; if a man lives to die, does he die to live? If God is life, is God death also? If life is a means to an end, is death the end? (Adadevo, 2008; 38). These interrogatives exemplify the character and paradox of human existence; the more the knowledge of man about man, the more Man understands that he knows little about his being. It is argued here that, as a being that encapsulate change, discontinuity and continuity, man’s dissolution in death is not an external and public fact that creates a sense of loss and sadness to humanity, but an internal possibility of his being. It is the fulfillment of the Man project of self-liberation, self-transcendence, and a process of surpassing Man’s existential condition. We shall argue further that, in death, man ceases to be the impersonal social being among beings and has freed himself from the servitude of the anonymous “they” and thereby opened himself to his own most potentiality for being. In birth, there is the change of non-being to being, of nothingness to somethingness (somaticity), then to pure being after death; to a spiritual reality. A conclusion is argued that, in death, Man further becomes the most vitalizing fact of life and the cardinal indicator of authentic selfhood. (shrink)

In this chapter, our focus is the role played by notions of rationality in the diagnosis of mental disorders, and in the practice of overriding patient autonomy in psychiatry. We describe and evaluate different hypotheses concerning the relationship between rationality and diagnosis, raising questions about what features underpin psychiatric categories. These questions reinforce widely held concerns about the use of diagnosis as a justification for overriding autonomy, which have motivated a shift to mental incapacity as an alternative justification. However, (...) this approach too has recently been criticized from a mental disability rights perspective. Our analysis of the relationship between mental capacity and rationality is used to illuminate these concerns, and to investigate further the relationship between rationality and psychiatric diagnosis. (shrink)

Uno de los problemas planteados en la historia desarrollada de los protagonistas de La ciudad y los perros (1963), del escritor peruano Mario Vargas Llosa, es la presencia de una formación familiar mal constituida (padres agresivos, distanciamiento de cualquiera de ellos, favoritismo materno hacia el hijo, etc.). Esta base retrógrada provocó una limitación para cada uno de ellos: sus conductas no son corregidas, tienen comportamientos rebeldes o inhibidos, se sienten incapaces de afrontar la realidad con responsabilidad y terminan incluyéndose en (...) el mecanismo dinámico de la violencia, ya sea como víctima o victimario. Para ello, se recurrirá al análisis literario, para abordar las conductas vinculadas con los personajes que poseen rasgos de violencia en su representación. Principalmente, las propuestas teóricas de Jacques Lacan, Slavoj Žižek y Mijaíl Bajtín revelan qué se entiende en la actualidad por practicar el bien en nuestra sociedad. A partir de esa conceptualización, se buscarán indicadores que permitan apreciar la procedencia de la mala formación del Jaguar, el Poeta o el Esclavo. (shrink)

This work seeks to understand some of the statements of Immanuel Kant on the nature of women and the feminine in his writings in anthropology from a pragmatic point of view. In dealing with the character of sex, Kant presents what, in contemporary language, is called "gender differences" (between men and women, male and female) and develops his main argument for the belief in women's "natural weakness": the preservation of the species. To introduce the theme of gender difference, Kant speaks (...) of "production machines" based on different strength levels and nature's desire. Nature is described as responsible for "female weakness". In a similar way, he claims that the allocation of more or less strength, according to the gender of each individual, has the purpose of allowing for physical, rational, and lasting unions between men and women, for the good of mankind. The focus is on theories of the nature and legal incapacity of women in the eighteenth century resulting, to a great extent, from a long debate among different groups within European society in the previous centuries. This article also discusses some of the literary sources that may have influenced the thinking of Kant on this subject and a possible Kantian stance regarding the role of women in Western society. (shrink)