Article III of the U.S. Constitution establishes an independent federal judiciary: federal courts constitute a separate branch of the national government, federal judges enjoy tenure during good behavior, and their salaries cannot be diminished while they hold office. The framers who drafted Article III in 1787 were not working from whole cloth. Rather, they were familiar with the preceding colonial and state practices, including those from New York. This essay provides a case study of New York's judicial history: the (...) Dutch period, 1621-1664; the Ducal proprietary period, 1664-1685; the Royal period, 1685-1776; and the early state period. As will be seen, New York—among the most significant of the original thirteen states—was a state groping towards a new ideal of judicial independence: an ideal that became a reality a decade after its own constitution was enacted in 1777 and at a different level of government. Significantly, the uncertain status of New York's judiciary had profound consequences for the ultimate expression of judicial independence, judicial review. (shrink)

The original purpose of tenure has become clouded by the process by which it is granted. In New Zealand, tenure and academic freedom are separate, with academic freedom protected by legislation. Clearly, tenure is neither necessary nor sufficient to protect academic freedom. Individuals and universities must do more to guard academic freedom in order to encourage, nurture, and protect it. (Published Online February 8 2007).

The purpose of this essay is to indicate the extent to which there is a privileged relationship between the experience of the death of a friend and an understanding of what it means to be a self or a subject. In particular this claim is raised against Heidegger who in ¶47 of _Being and Time_ seems to have raised and explicitly denied any such connection but on closer review turns out to have in fact ignored it altogether. This essay aims (...) to wrestle back from Heidegger the irreducible significance of an other’s death by casting light on a specific kind of intersubjectivity that Heidegger fails to consider: friendship. Drawing on the recently published course materials from Heidegger’s tenure in Freiburg, and in particular the 1921 lectures on Augustine’s _Confessions_, this essays points to a decisive turning point in Heidegger’s theory of Mitsein, if only by exposing a road not taken. The argument is that it is precisely because Heidegger, in fact, considers only the death of a “random stranger” rather than anybody that one actually cares for, that he has an easy time dismissing the significance of the death of another. Against Heidegger this essay will argue that when a friend dies one loses not only her friend’s presence but also something of her own. In so suggesting, this essay departs from the otherwise familiar critiques of Heidegger styled after Fichte, Hegel, or Levinas. (shrink)

Originally published in 1981, Dr Currie's main emphasis in this book is on the economic theory of agricultural land tenure, but he also makes extensive reference to the historical development of land tenure in England. After consideration of the history of economic thought on this important topic, he employs an essentially neo-classical approach, though one that pays due attention to the nature of institutional arrangements and particular forms of property rights. In dealing with these latter aspects, he considers (...) not only the economic effects of particular institutional forms but also their economic causes. The careful use of the history of land tenure development gives this work especial relevance for agricultural development and for issues of land reform. The Physiocrats and Classical economists gave land tenure an important place in their work. Following a long period of' neglect by Neo-Classical economists, land tenure arrangements again received considerable theoretical attention in the years preceding publication. Dr Currie draws on and develops this work. Moreover, he investigates the importance of a number of crucial issues that were being neglected at the time. (shrink)

Does tenure serve its original purpose of promoting freedom of inquiry for academics in teaching and research? It seems not. Of concern is the finding that achieving tenure does not translate into a significant increase in exercise of freedom of inquiry either in teaching or research. Why? Promotion evaluation for associate professors by their senior colleagues has a continued inhibiting effect. (Published Online February 8 2007).

Scientific communication takes place at two registers: first, interactions with colleagues in close proximity—members of a network, school of thought or circle; second, depersonalised transactions among a potentially unlimited number of scholars can be involved (e.g., author and readers). The interference between the two registers in the process of peer review produces a drift toward conflict of interest. Three particular cases of peer review are differentiated: journal submissions, grant applications and applications for tenure. The current conflict of interest policies (...) do not cover all these areas. Furthermore, they have a number of flaws, which involves an excessive reliance on scholars’ personal integrity. Conflicts of interest could be managed more efficiently if several elements and rules of the judicial process were accepted in science. The analysis relies on both primary and secondary data with a particular focus on Canada. (shrink)

This introduction to the Socrates Tenured symposium reflects on the history of philosophy’s institutionalization as a specialized academic discipline, noting its relative recency in the English-speaking world. Despite occasionally paying lip service to its German idealist origins, philosophy in the United States is best understood as an extension of the Neo-Kantian world-view which came to dominate German academic life after Hegel’s death. Socrates Tenured aims to buck this trend toward philosophy’s academic specialization by a strategy that bears interesting comparison (...) with the anti-professionalism of Robert Maynard Hutchins at the University of Chicago. (shrink)

Communitarians have alleged a connection between according specialrights to community groupings and preserving the indigenous cultureand the social cohesion of the original community. This paperconcentrates upon special group rights associated with land tenurenow maintained by Fijian Mataqali and traditional land owninggroups in Papua New Guinea. The first section of the paper assessesand compares the social consequences of each of these systems withspecial attention to the preservation of traditional culture.However, in the case of Fiji, it is undeniable that the mataqaliland (...) class='Hi'>tenure system has given indigenous Fijians politicaladvantages over non-indigenous Fijians, most specifically theFijian Indians. Though special land rights can possibly bejustified on the grounds of cultural preservation, their existencedoes raise this further issue of fairness. Moral considerations basedupon the territorial sovereignty of indigenous nations, rather thancommunitarian arguments, may offer a more convincing justificationof the advantages of indigenous Fijians. (shrink)

In our target article, we took the position that tenure conveys many important benefits but that its original justification – fostering academic freedom – is not one of them. Here we respond to various criticisms of our study as well as to proposals to remedy the current state of affairs. Undoubtedly, more research is needed to confirm and extend our findings, but the most reasonable conclusion remains the one we offered – that the original rationale for tenure is (...) poorly served by the current system as practiced at top-ranked colleges and universities. (Published Online February 8 2007). (shrink)

Opinions have varied wildly as to whether the roots of language run extremely deep in the human lineage, or, alternatively, whether this unprecedented capacity is a recent acquisition. The question has been exacerbated by the fact that language itself does not preserve, so that its possession by earlier hominids has had to be inferred from indirect material proxies. Here I argue that while most technological putative proxies from the Paleolithic are certainly evidence of highly complex cognitive states among our precursors, (...) virtually none of them can reliably be taken as witness to the specific symbolic cognitive style that human beings share today—and with which language is intricately intertwined. Symbolic reasoning can only be confidently inferred from explicitly symbolic objects. These latter only became integral to hominid societies within the tenure of anatomically modern Homo sapiens, and their appearance marked an extreme inflection in the tempo of change as seen in the archaeological record. I thus suggest that the neural capacity for symbolic reasoning and language was acquired during the major developmental reorganization that gave rise to the highly anatomically distinctive H. sapiens some 200 thousand years ago, but that that the new potential was not exploited until about 100 thousand years later, when it was released by what was necessarily a cultural stimulus. Most probably, this stimulus was the spontaneous invention of externalized structured language. This brings the origin of language into the realm of exaptation and emergence—both of them familiar evolutionary phenomena requiring no special explanation—and excludes the long-term fine-tuning of language and human reasoning by natural selection. (shrink)

In this original and provocative account of the evolutionary origins of human communication, Michael Tomasello connects the fundamentally cooperative structure of human communication (initially discovered by Paul Grice) to the especially ...

Stuart Kauffman here presents a brilliant new paradigm for evolutionary biology, one that extends the basic concepts of Darwinian evolution to accommodate recent findings and perspectives from the fields of biology, physics, chemistry and mathematics. The book drives to the heart of the exciting debate on the origins of life and maintenance of order in complex biological systems. It focuses on the concept of self-organization: the spontaneous emergence of order widely observed throughout nature. Kauffman here argues that self-organization plays (...) an important role in the emergence of life itself and may play as fundamental a role in shaping life's subsequent evolution as does the Darwinian process of natural selection. Yet until now no systematic effort has been made to incorporate the concept of self-organization into evolutionary theory. The construction requirements which permit complex systems to adapt remain poorly understood, as is the extent to which selection itself can yield systems able to adapt more successfully. This book explores these themes. It shows how complex systems, contrary to expectations, can spontaneously exhibit stunning degrees of order, and how this order, in turn, is essential for understanding the emergence and development of life on Earth. Topics include the new biotechnology of applied molecular evolution, with its important implications for developing new drugs and vaccines; the balance between order and chaos observed in many naturally occurring systems; new insights concerning the predictive power of statistical mechanics in biology; and other major issues. Indeed, the approaches investigated here may prove to be the new center around which biologicalscience itself will evolve. The work is written for all those interested in the cutting edge of research in the life sciences. (shrink)

When contrasted with "Continental" philosophy, analytical philosophy is often called "Anglo-American." Dummett argues that "Anglo-Austrian" would be a more accurate label. By re-examining the similar origins of the two traditions, we can come to understand why they later diverged so widely, and thus take the first step toward reconciliation.

In almost every human society some people get more and others get less. Why is inequity the rule in human societies? Philosopher Cailin O'Connor reveals how cultural evolution works on social categories such as race and gender to generate unfairness.

"German--and particularly French--sources of the revolution that has occurred in literary theory during the past thirty years have long been recognized. The Russian contribution to these events has been hinted at previously, but Cassedy documents in detail the extraordinary work of Potebnya, Veselovskij, and other figures virtually unknown in the West.... An important contribution to intellectual history and literary theory."--Michael Holquist, author of Dostoevsky and the Novel "An astonishing number of complex movements and ideas--from Humboldt through Russian and French Symbolists (...) to Heidegger, Husserl, Roman Jakobson and the deconstructors, from symbology to logology and iconology--begin to fit together in this wide-ranging and provocative book.... Cassedy's book will outrage some readers, delight others, and enlighten all."--Caryl Emerson, author of Boris Godunov: Transpositions of a Russian Theme. (shrink)

This paper investigates what the source of time-asymmetry is in thermodynamics, and comments on the question whether a time-symmetric formulation of the Second Law is possible.

This article traces the origins of Kenneth Wilson's conception of effective field theories (EFTs) in the 1960s. I argue that what really made the difference in Wilson's path to his first prototype of EFT are his long-standing pragmatic aspirations and methodological commitments. Wilson's primary interest was to work on mathematically interesting physical problems and he thought that progress could be made by treating them as if they could be analyzed in principle by a sufficiently powerful computer. The first point (...) explains why he had no qualms about twisting the structure of field theories; the second why he divided the state-space of a toy model field theory into continuous slices by following a standard divide-and-conquer algorithmic strategy instead of working directly with a fully discretized and finite theory. I also show how Wilson's prototype bears the mark of these aspirations and commitments and clear up a few striking ironies along the way. (shrink)

Four principal papers and a total of 43 peer commentaries on the evolutionary origins of morality. To what extent is human morality the outcome of a continuous development from motives, emotions and social behaviour found in nonhuman animals? Jerome Kagan, Hans Kummer, Peter Railton and others discuss the first principal paper by primatologists Jessica Flack and Frans de Waal. The second paper, by cultural anthropologist Christopher Boehm, synthesizes social science and biological evidence to support his theory of how our (...) hominid ancestors became moral. In the third paper philosopher Elliott Sober and evolutionary biologist David Sloan Wilson argue that an evolutionary understanding of human nature allows sacrifice for others and ultimate desires for another's good. Finally Brian Skyrms argues that game theory based on adaptive dynamics must join the social scientist's use of rational choice and classical game theory to explain cooperation. (shrink)

We review the current state of play in the game of naturalizing content and analyse reasons why each of the main proposals, when taken in isolation, is unsatisfactory. Our diagnosis is that if there is to be progress two fundamental changes are necessary. First, the point of the game needs to be reconceived in terms of explaining the natural origins of content. Second, the pivotal assumption that intentionality is always and everywhere contentful must be abandoned. Reviving and updating Haugeland’s (...) baseball analogy in the light of these changes, we propose ways of redirecting the efforts of players on each base of his intentionality All-Star team, enabling them to start functioning effectively as a team. Only then is it likely that they will finally get their innings and maybe, just maybe, even win the game. (shrink)

A lively and accessible history of Modernism, _The First Moderns_ is filled with portraits of genius, and intellectual breakthroughs, that richly evoke the _fin-de-siècle_ atmosphere of Paris, Vienna, St. Louis, and St. Petersburg. William Everdell offers readers an invigorating look at the unfolding of an age. "This exceptionally wide-ranging history is chock-a-block with anecdotes, factoids, odd juxtapositions, and useful insights. Most impressive.... For anyone interested in learning about late 19th- and early 20th- century imaginative thought, this engagingly written book is (...) a good place to start."—_Washington Post Book World_ "_The First Moderns_ brilliantly maps the beginning of a path at whose end loom as many diasporas as there are men."—Frederic Morton, _The Los Angeles Times Book Review_ "In this truly exciting study of the origins of modernist thought, poet and teacher Everdell roams freely across disciplinary lines.... A brilliant book that will prove useful to scholars and generalists for years to come; enthusiastically recommended."—_Library Journal_, starred review "Everdell has performed a rare service for his readers. Dispelling much of the current nonsense about 'postmodernism,' this book belongs on the very short list of profound works of cultural analysis."—_Booklist_ "Innovative and impressive... [Everdell] has written a marvelous, erudite, and readable study."-Mark Bevir, _Spectator_ "A richly eclectic history of the dawn of a new era in painting, music, literature, mathematics, physics, genetics, neuroscience, psychiatry and philosophy."—Margaret Wertheim, _New Scientist_ "[Everdell] has himself recombined the parts of our era's intellectual history in new and startling ways, shedding light for which the reader of _The First Moderns_ will be eternally grateful."—Hugh Kenner, _The New York Times Book Review_ "Everdell shows how the idea of "modernity" arose before the First World War by telling the stories of heroes such as T. S. Eliot, Max Planck, and Georges Serault with such a lively eye for detail, irony, and ambiance that you feel as if you're reliving those miraculous years."—Jon Spayde, _Utne Reader_. (shrink)

"Intelligence" has long been considered to be a feature unique to human beings, giving us the capacity to imagine, to think, to deceive, to make complex connections between cause and effect, to devise elaborate stategies for solving problems. However, like all our other features, intelligence is a product of evolutionary change. Until recently, it was difficult to obtain evidence of this process from the frail testimony of a few bones and stone tools. It has become clear in the last 15 (...) years that the origins of human intelligence can be investigated by the comparative study of primates, our closest non-human relatives, giving strong impetus to the case for an "evolutionary psychology", the scientific study of the mind. (shrink)

Peter Homans offers a new understanding of the origins of psychoanalysis and relates the psychoanalytic project as a whole to the sweep of Western culture, past and present. He argues that Freud's fundamental goal was the interpretation of culture and that, therefore, psychoanalysis is fundamentally a humanistic social science. To establish this claim, Homans looks back at Freud's self-analysis in light of the crucial years from 1906 to 1914 when the psychoanalytic movement was formed and shows how these experiences (...) culminated in Freud's cultural texts. By exploring the "culture of psychoanalysis," Homans seeks a better understanding of what a "psychoanalysis of culture" might be. Psychoanalysis, Homans shows, originated as a creative response to the withering away of traditional communities and their symbols in the aftermath of the industrial revolution. The loss of these attachments played a crucial role in the lives of the founders of psychoanalysis, especially Sigmund Freud but also Karl Abraham, Carl Jung, Otto Rank, and Ernest Jones. The personal, political, and religious losses that these figures experienced, the introspection that followed, and the psychological discovery that resulted are what Homans calls "the ability to mourn." Homans expands this historical analysis to construct a general model of psychological discovery: the loss of shared ideals and symbols can produce a deeper sense of self (psychological structure-building, or individuation) and can then lead to the creation of new forms of meaning and self-understanding. He shows how Freud, Jung, and other psychoanalysts began to extend their introspection outward, reinterpreting the meanings of Western art, history, and religion. In conclusion, Homans evaluates Freud's theory of culture and discusses the role that psychoanalysis might play in social and cultural criticism. Throughout the book, Homans makes use of the many histories, biographies, and psychobiographies that have been written about the origins of psychoanalysis, drawing them into a comprehensive sociocultural model. Rich in insights and highly original in approach, this work will interest psychoanalysts and students of Freud, sociologists concerned with modernity and psychoanalysis, and cultural critics in the fields of religion, anthropology, political science, and social history. (shrink)

The role of evolutionary theory at the origin of life is an extensively debated topic. The origin and early development of life is usually separated into a prebiotic phase and a protocellular phase, ultimately leading to the Last Universal Common Ancestor. Most likely, the Last Universal Common Ancestor was subject to Darwinian evolution, but the question remains to what extent Darwinian evolution applies to the prebiotic and protocellular phases. In this review, we reflect on the current status of evolutionary theory (...) in origins of life research by bringing together philosophy of science, evolutionary biology, and empirical research in the origins field. We explore the various ways in which evolutionary theory has been extended beyond biology; we look at how these extensions apply to the prebiotic development of (proto)metabolism; and we investigate how the terminology from evolutionary theory is currently being employed in state-of-the-art origins of life research. In doing so, we identify some of the current obstacles to an evolutionary account of the origins of life, as well as open up new avenues of research. (shrink)

Religion is one of the most powerful forces running through human history, and although often presented as a force for good, its impact is frequently violent and divisive. This provocative work brings together cutting-edge research from both evolutionary and cognitive psychology to help readers understand the psychological structure of religious morality and the origins of religious violence. Introduces a fundamentally new approach to the analysis of religion in a style accessible to the general reader Applies insights from evolutionary and (...) cognitive psychology to both Judaism and Christianity, and their texts, to help understand the origins of religious violence Argues that religious violence is grounded in the moral psychology of religion Illustrates its controversial argument with reference to the 9/11 terrorist attacks, and the response to the attacks from both the terrorists and the President. Suggests strategies for beginning to counter the divisive aspects of religion Discusses the role of religion and religious criticism in the contemporary world. Argues for a position sceptical of the moral authority of religion, while also critiquing the excesses of the “new atheists” for failing to appreciate the moral contributions of religion Awarded Honourable Mention, 2010 Prose Awards. (shrink)

The distinction between telic and atelic predicates has been described in terms of the algebraic properties of their meaning since the early days of model-theoretic semantics. This perspective was inspired by Aristotle’s discussion of types of actions that do or do not take time to be completed1 which was taken up and turned into a linguistic discussion of action-denoting predicates by Vendler (1957). The algebraic notion that seemed to be most conducive to express the Aristotelian distinction appeared to be the (...) mereological notion of a part, applied to the time at which these predicates hold: atelic predicates, like push a cart, have the subinterval property, that is, whenever they are true at a time interval, then they are true at any part of that interval; this does not hold for telic predicates, like eat an apple, cf. Bennett & Partee (1972), Taylor (1977), and Dowty (1979)2. Bach (1986) integrated these insights into a semantics based on events. (shrink)

Art is universal across cultures. Yet, it is biologically expensive because of the energy expended and reduced vigilance. Why do humans make and contemplate it? This paper advances a thesis about the psychological origins of perceptual art. First, it delineates the aspects of art that need explaining: not just why it is attractive, but why fine execution and form—which have to do with how the attraction is achieved—matter over and above attractiveness. Second, it states certain constraints: we need to (...) explain pleasure in contemplation, not value extracted from the object by activities other than contemplation. The theory is that aesthetic pleasure is a motivation for learning skills. Two forms of pleasure are postulated. The first accompanies the spontaneous activity necessary for learning a more or less universal basic level of skill. The second accompanies highly skilled activity. This second kind of pleasure is specific to art as such. (shrink)

Biogeography is a multidisciplinary field with multiple origins in 19th century taxonomic practice. The Origins of Biogeography presents a revised history of early biogeography and investigates the split in taxonomic practice, between the classification of taxa and the classification of vegetation. This book moves beyond the traditional belief that biogeography is born from a synthesis of Darwin and Wallace and focuses on the important pioneering work of earlier practitioners such as Zimmermann, Stromeyer, de Candolle and Humboldt. Tracing the (...) academic history of biogeography over the decades and centuries, this book recounts the early schisms in phyto and zoogeography, the shedding of its bonds to taxonomy, its adoption of an ecological framework, and its beginnings at the dawn of the 20th century. This book assesses the contributions of key figures such as Zimmermann, Humboldt and Wallace, and reminds us of the forgotten influence of plant and animal geographers including Stromeyer, Prichard and de Candolle, whose early attempts at classifying animal and plant geography would inform later progress. The Origins of Biogeography is a science historiography aimed at biogeographers, who have little access to a detailed history of the practices of early plant and animal geographers. This book will also reveal how biological classification has shaped 18th and 19th century plant and animal geography and why it is relevant to the 21st biogeographer. (shrink)

This landmark study examines the role played by the rediscovery of the writings of the ancient atomists, Epicurus and Lucretius, in the articulation of the major philosophical systems of the seventeenth century, and, more broadly, their influence on the evolution of natural science and moral and political philosophy. The target of sustained and trenchant philosophical criticism by Cicero, and of opprobrium by the Christian Fathers of the early Church, for its unflinching commitment to the absence of divine supervision and the (...) finitude of life, the Epicurean philosophy surfaced again in the period of the Scientific Revolution, when it displaced scholastic Aristotelianism. Both modern social contract theory and utilitarianism in ethics were grounded in its tenets. Catherine Wilson shows how the distinctive Epicurean image of the natural and social worlds took hold in philosophy, and how it is an acknowledged, and often unacknowledged presence in the writings of Descartes, Gassendi, Hobbes, Boyle, Locke, Leibniz, Berkeley. With chapters devoted to Epicurean physics and cosmology, the corpuscularian or "mechanical" philosophy, the question of the mortality of the soul, the grounds of political authority, the contested nature of the experimental philosophy, sensuality, curiosity, and the role of pleasure and utility in ethics, the author makes a persuasive case for the significance of materialism in seventeenth-century philosophy without underestimating the depth and significance of the opposition to it, and for its continued importance in the contemporary world. Lucretius's great poem, On the Nature of Things, supplies the frame of reference for this deeply-researched inquiry into the origins of modern philosophy. (shrink)

This latest volume in the eminent Minnesota Studies in the Philosophy of Science series examines the main features of the intellectual milieu from which logical empiricism sprang, providing the first critical exploration of this context by ...

The disagreement over whether Aristotle recognized rights in some form unavoidably involves disagreement over what rights are, and the theory of rights itself is still highly contested. There is no consensus concerning how " right'? is to be defined, how rights are to be theoretically grounded, or how rights theory is to be applied in particular circumstances. This is not, however, a good reason to dismiss the issue of whether there are rights in Aristotle: for Aristotle, like modern rights theorists, (...) is concerned about the moral and legal status of the individual within the community, and he expresses this in terms of claims of justice. The issue is worthy of study not only because it can lead to a deeper understanding of Aristotle's conceptions of justice and the common good, but also because it may shed valuable light on the theoretical foundations of human rights, since he offers a theory of political justice which is based on a metaphysical theory of human nature. (shrink)