This handbook offers a deep analysis of the main forms of legal reasoning and argumentation from both a logical-philosophical and legal perspective. These forms are covered in an exhaustive and critical fashion, and the handbook accordingly divides in three parts: the first one introduces and discusses the basic concepts of practical reasoning. The second one discusses the main general forms of reasoning and argumentation relevant for legal discourse. The third one looks at their application in law as well as at (...) the different areas of legal reasoning. The handbook’s division in three parts reflects its conceptual architecture, since legal reasoning and argumentation are considered in relation to the more general types of reasoning. (shrink)

In Taking the Path of Zen , Robert Aitken provided a concise guide to zazen (Zen meditation) and other aspects of the practice of Zen. In The Mind of Clover he addresses the world beyond the zazen cushions, illuminating issues of appropriate personal and social action through an exploration of the philosophical complexities of Zen ethics. Aitken's approach is clear and sure as he shows how our minds can be as nurturing as clover, which enriches the soil and (...) benefits the environment as it grows. The opening chapters discuss the Ten Grave Precepts of Zen, which, Aitken points out, are "not commandments etched in stone but expressions of inspiration written in something more fluid than water." Aitken approaches these precepts, the core of Zen ethics, from several perspectives, offering many layers of interpretation. Like ripples in a pond, the circles of his interpretation increasingly widen, and he expands his focus to confront corporate theft and oppression, the role of women in Zen and society, abortion, nuclear war, pollution of the environment, and other concerns. The Mind of Clover champions the cause of personal responsibility in modern society, encouraging nonviolent activism based on clear convictions. It is a guide that engages, that invites us to realize our own potential for confident and responsible action. (shrink)

Canonical defenders of the principle of sufficient reason (PSR), such as Leibniz and Spinoza, are metaphysical foundationalists of one stripe or another. This is curious since the PSR—which says that everything has a ground, cause, or explanation—in effect, denies fundamental entities. In this paper, I explore the apparent inconsistency between metaphysical foundationalism and approaches to metaphysical system building that are driven by a commitment to the PSR. I do so by analyzing how Indian Buddhist philosophers arrive at foundationalist and anti-foundationalist (...) positions motivated by implicit commitments to different versions of the PSR. I begin by introducing the Buddhist principle of dependent origination (pratītyasamutpāda) as a proto-PSR that is restricted to causal explanation. Next, I show how Vasubandhu’s Sautrāntika Abhidharma metaphysics is shaped by a qualified commitment to both causal and metaphysical grounding versions of the PSR. I then reveal how Nāgārjuna’s Madhyamaka metaphysics is driven by an unrestricted and exceptionless commitment to causal and metaphysical grounding versions of the PSR. Finally, I consider how Nāgārjuna’s account may put him in a unique position to respond to a common contemporary objection to the PSR from necessitarianism. I conclude by addressing a competing interpretation on which Nāgārjuna is best understood as an anti-rationalist rather than an uber-rationalist, as I characterize him. (shrink)

According to a well-known argument, originally due to David Armstrong, powers theory is objectionable, as it leads to a ‘Meinongian’ ontology on which some entities are real but do not actually exist. I argue here that the right conclusion to draw from this argument has thus far not been identified and that doing so has significant implications for powers theory. Specifically, I argue that the key consequence of the argument is that it provides substantial grounds for trope powers theorists, but (...) not other powers theorists, to accept one version of the view that properties are powerful qualities. In particular, they have grounds to favour the view that powerful properties are properties with exclusively qualitative natures that ground modal facts. (shrink)

"Characterized by breadth of coverage, a refreshingly balanced approach to controversial issues, & a highly readable style."-Theological Studies.

A uniquely playful and incisive illustrated collection of Zen teaching stories from one of America's best-known and most-respected Zen masters. A Modern Classic. In the tradition of the great koan collections and the extensive records of ancient masters, Robert Aitken--one of America's best-known and most-respected Zen masters--distills a lifetime of teaching down to its essence. Intriguing, playful, and deceptively easy to read, Zen Master Raven is a brilliant encapsulation of Zen in over a hundred koan-like encounters--featuring curious beginners like (...) Mallard and Mole, to teachers-in-training like Porcupine, to the profound wisdom of masters like Brown Bear, Moose Roshi, and Zen Master Raven himself. (shrink)

BackgroundThe past 10 years have witnessed a significant growth in sharing of health data for secondary uses. Alongside this there has been growing interest in the public acceptability of data sharing and data linkage practices. Public acceptance is recognised as crucial for ensuring the legitimacy of current practices and systems of governance. Given the growing international interest in this area this systematic review and thematic synthesis represents a timely review of current evidence. It highlights the key factors influencing public responses (...) as well as important areas for further research.MethodsThis paper reports a systematic review and thematic synthesis of qualitative studies examining public attitudes towards the sharing or linkage of health data for research purposes. Twenty-five studies were included in the review. The included studies were conducted primarily in the UK and North America, with one study set in Japan, another in Sweden and one in multiple countries. The included studies were conducted between 1999 and 2013. The qualitative methods represented in the studies included focus groups, interviews, deliberative events, dialogue workshops and asynchronous online interviews.ResultsKey themes identified across the corpus of studies related to the conditions necessary for public support/acceptability, areas of public concern and implications for future research. The results identify a growing body of evidence pointing towards widespread general—though conditional—support for data linkage and data sharing for research purposes. Whilst a variety of concerns were raised in cases where participants perceived there to be actual or potential public benefits from research and had trust in the individuals or organisations conducting and/or overseeing data linkage/sharing, they were generally supportive. The studies also find current low levels of awareness about existing practices and uses of data.ConclusionsWhilst the results indicate widespread public support for data sharing and linkage for research purposes, a range of concerns exist. In order to ensure public support for future research uses of data greater awareness raising combined with opportunities for public engagement and deliberation are needed. This will be essential for ensuring the legitimacy of future health informatics research and avoiding further public controversy. (shrink)

Śrīgupta, a Buddhist philosopher in the Middle Way tradition, was born in Bengal in present-day India in the seventh century. He is best known for his Introduction to Reality with its accompanying auto-commentary,1 in which he presents the first Middle Way iteration of the influential "neither-one-nor-many argument."2 This antifoundationalist line of reasoning sets out to prove that nothing enjoys ontologically independent being.Gottfried Wilhelm Leibniz was born some one thousand years later, in the city of Leipzig, situated on the outskirts of (...) European learning and thought. He is best known today for having co-invented the infinitesimal calculus, for his... (shrink)

This paper critically examines Deleuze’s treatment of the Nietzschean problem of nihilism. Of all the major figures in contemporary continental thought, Deleuze is at once one of the most luminous, and practically a lone voice in suggesting that nihilism may successfully be overcome. Whether or not he is correct on this point is thus a commanding question in relation to our understanding of the issue. Many commentators on Nietzsche have argued that his project of overcoming nihilism is destined to failure (...) because of the affinity between the problem of nihilism and the logic of negation. While Nietzsche wants an absolute affirmation of life, Spinoza’s principle that “all determination is negation,” as well as Hegel’s dialectical conception of negation, suggest that affirmation free of negation is not possible. However, some commentators indicate that Deleuze successfully shows how overcoming nihilism is possible because his “logic of difference” allows for an affirmation which is not dialectically reappropriated by negation. This paper argues that beyond such logical considerations, there are metaphysical and existential reasons why Deleuze’s interpretation of nihilism fails to show that it can be overcome. For Deleuze, the overcoming of nihilism hinges not just on a logic of difference, but on a radical interpretation of Nietzsche’s doctrine of eternal return as “selective being.” Drawing on recent scholarship and on Nietzsche’s own writings I argue that this is not a tenable interpretation, and also, more importantly, that the metaphysical and existential implications of this understanding of eternal return reinstate nihilism at the very point where it is supposedly overcome. Moreover, I argue that there are attendant ethical and political dangers to Deleuze’s position on nihilism. (shrink)

Innes’s “control signals” provides a semiotic perspective for explaining how acts of social control send “signals” about the effectiveness of security mechanisms. A cross-cutting theme infers that “culture and situation matter” in the reception of signals. However, the control signals concept does not explicitly consider the influence that prior experiences may have on present interpretations. Drawing on qualitative research into how members of a residential community perceived control measures within their everyday environment for Glasgow’s 2014 Commonwealth Games, this article outlines (...) the importance of the “pre-signalling” context in influencing how control signals are received. Goffman’s “frame analysis” is used as part of a semiotic framing approach to demonstrate that control signals are framed (or pre-signalled) by the history of relations between sender and receiver of the signal (for example, police and residents). (shrink)

According to Madhyamaka Buddhist philosophers, everything depends for its existence on something else. But what would a world devoid of fundamentalia look like? In this paper, I argue that the anti-foundationalist “neither-one-nor-many argument” of the Indian Mādhyamika Śrīgupta commits him to a position I call “metaphysical indefinitism.” I demonstrate how this view follows from Śrīgupta’s rejection of mereological simples and ontologically independent being, when understood in light of his account of conventional reality. Contra recent claims in the secondary literature, I (...) clarify how the Madhyamaka metaphysical dependence structure is not a straightforward infinitism since it does not honor strict asymmetry or transitivity. Instead, its dependence relations are irreflexive and extendable, admitting of dependence chains of indefinite (though not actually infinite) length and dependence loops of non-zero length. Yet, the flexible ontology of Śrīgupta's Madhyamaka can accommodate a contextualist account of asymmetry and support a revisable theory of conventional truth, delivering significant payoffs for the view, including the capacity to accommodate developments in scientific explanation. (shrink)

In this note, we consider constraints on the physical possibility of transfinite Turing machines that arise from how one models the continuous structure of space and time in one's best physical theories. We conclude by suggesting a version of Church's thesis appropriate as an upper bound for physical computation given how space and time are modeled on our current physical theories.

It pertains to a problem which we cannot ignore today, namely that of thinking the place of science in the context of the entirety of our experience, whether in order to maintain a critique of the former, as has been done after Bergson (and in ways other than his own), for example by Deleuze or Merleau-Ponty; or to continue to deepen it, as has been done after Brunschvicg (and in ways other than his own) for example by Bachelard or Cavaillès. (...) Without revisiting these two doctrines, we can understand neither the problem nor the way in which it continues to problematise the philosophical enterprises that have succeeded it, up to the present day.1. (shrink)

A connection is often made between postmodernism and nihilism, but the full meaning of such a connection is rarely explored. The contemporary Italian philosopher Gianni Vattimo is one of the few philosophers to have devoted much work to explaining this connection. Vattimo extrapolates the relevance of Nietzsche’s theory of nihilism for the postmodern condition, arguing that the concept of the postmodern can only be thought rigorously in relation to the nihilistic destiny of the West. This article explores Vattimo’s postmodern reading (...) of Nietzsche and argues that this reading helps to illuminate (1) the connection between nihilism and the postmodern; (2) the postmodern transformation of nihilism, which was originally a theory of the ails of modernity rather than of postmodernity; and (3) why postmodernists may wish to affirm nihilism rather than take the accusation that postmodernism is nihilistic as a charge that must be refuted. (shrink)

It is often assumed that two linguistic agents can come to understand one another in part because they use the same words. That is, many philosophical theories of communication posit an intersubjective same-word relation. However, giving an account of this relation is complicated by what I call “The Variation Problem”—a problem resulting from the fact that the same word can be pronounced differently. In this paper, I first argue that previous models of the same-word relation, including Kaplanian and Chomskyan models, (...) fail to escape The Variation Problem. I then propose a new model on which the same-word relation is grounded in a particular kind of social relation that holds between the speaker and the audience. On this model, using the same word requires not that agents make the same sounds, but that they coordinate their internal linguistic representations. (shrink)

An ongoing debate in affective science concerns whether certain discrete, “basic” emotions have evolutionarily based signals that are easily, universally, and innatel...

Dharmakīrti’s (c. seventh century) Examination of Relations (Sambandhaparīkṣā) is unique in the Indian Buddhist canon for its being the only extant root text devoted entirely to the topic of the ontological status of relations. But the core thesis of this treatise—that relations are only nominally real—is in prima facie tension with another claim that is central to Dharmakīrti’s epistemology: that there exists some kind of “natural relation” (svabhāvapratibandha) that reliably underwrites inferences. Understanding how Dharmakīrti can consistently rely on natural relations (...) to prop up his presentation of inferential reasoning while at the same time advancing an anti-realist account of relations is critical for making sense of his system of logic and epistemology, which came to be nearly universally adopted in Tibetan Buddhism cutting across traditions. Chomden Rikpé Reldri (1227–1305), who was perhaps the most prolific commentator on logic and epistemology in the history of Tibetan philosophy, composed two texts commenting on the Examination of Relations, neither of which have received any scholarly attention to date. In this paper, I provide an introduction to Chomden Reldri’s two commentaries and consider how they may illuminate Dharmakīrti’s text and also what they reveal about the understanding of Dharmakīrti’s account of relations in early Tibetan scholasticism. I then present a translation of Dharmakīrti’s Examination of Relations together with Chomden Reldri’s commentary, Annotations and Topical Outline of the Examination of Relations (’Brel pa brtag pa’i mchan dang sa bcad gnyis). (shrink)

ABSTRACTThe problem of child labor is worse in Myanmar than nearly anywhere else in the world. Moreover, unlike in many other countries where this practice occurs, in Myanmar, child labor is conduc...

There’s a common line of reasoning which supposes that the phenomenal unity of conscious experience is grounded in a mind-like simple subject. To the contrary, Mādhyamika Buddhist philosophers like Śrīgupta (seventh–eighth century) argue that any kind of mental simple is incoherent and thus metaphysically impossible. Lacking any unifying principle, the phenomenal unity of conscious experience is instead an unfounded illusion. In this paper, I present an analysis of Śrīgupta’s "neither-one-nor-many argument" against mental simples and show how his line of reasoning (...) is driven by a set of implicit questions concerning the nature of and relation between consciousness and its intentional object. These questions not only set the agenda for centuries of intra-Buddhist debate on the topic, but they are also questions to which any defender of unified consciousness or a simple subject of experience arguably owes responses. (shrink)

We develop a framework for assessing security market quality, relating five elements of market design to three metrics of market integrity and two metrics of market efficiency. We empirically implement this integrity–efficiency MQ framework by testing a hypothesis that trade-based ramping manipulation at the close raises execution costs on 24 security markets worldwide. Estimating a simultaneous equations model of ramping incidence, spreads, and the probability of deploying real-time surveillance, we show that quoted bid-ask spreads are positively related to the incidence (...) of MTC across seven liquidity deciles. The magnitude is economically significant; improving market integrity by cutting MTC in half reduces spreads 6–11 %. Allowing direct market access in conjunction with RTS, conducting auctions at the close, and developing regulations that require surveillance, all reduce MTC and thereby lower spreads, assuring better market integrity and enhancing market efficiency. Introducing circuit breakers or prohibiting shorts poses integrity–efficiency tradeoffs. (shrink)

This chapter presents an overview of the life, work, and philosophical contributions of Śāntarakṣita (c. 725–788), who is known for his synthesis of Nāgārjuna’s Madhyamaka with elements of the Dignāga-Dharmakīrti tradition of logic and epistemology. His two most important independent treatises, the Compendium of True Principles (Tattvasaṃgraha) and the Ornament of the Middle Way (Madhyamakālaṃkāra), are characterized by an emphasis on the indispensable role of rational analysis on the Buddhist path as well as serious and systematic engagement with competing Buddhist (...) and non-Buddhist schools of thought. Śāntarakṣita employs a pedagogical-rhetorical device of provisionally adopting what he deems to be successively more rational views to reject less rational ones. Using this approach, in the Ornament of the Middle Way, he recommends a gradual path to arrive at an understanding of the Madhyamaka ultimate truth by incorporating Yogācāra idealist ontology into his presentation of conventional truth. In this same text, he presents an influential iteration of the neither-one-nor-many argument for the Madhyamaka ultimate truth, the emptiness of intrinsic nature—i.e., the universal negation of ontologically independent being—leaving a lasting and significant impact on both Indian and Tibetan Madhyamaka Buddhist philosophy. (shrink)

Although informed consent models for prescribing hormone replacement therapy are becoming increasingly prevalent, many physicians continue to require an assessment and referral letter from a mental health professional prior to prescription. Drawing on personal and communal experience, the author argues that assessment and referral requirements are dehumanising and unethical, foregrounding the ways in which these requirements evidence a mistrust of trans people, suppress the diversity of their experiences and sustain an unjustified double standard in contrast to other forms of clinical (...) care. Physicians should abandon this unethical requirement in favour of an informed consent approach to transgender care. (shrink)

There is significant interest in type-free systems that allow flexible self-application. Such systems are of interest in property theory, natural language semantics, the theory of truth, theoretical computer science, the theory of classes, and category theory. While there are a variety of proposed type-free systems, there is a particularly natural type-free system that we believe is prototypical: the logic of recursive algorithms. Algorithmic logic is the study of basic statements concerning algorithms and the algorithmic rules of inference between such statements. (...) As shown in [1], the threat of paradoxes, such as the Curry paradox, requires care in implementing rules of inference in this context. As in any type-free logic, some traditional rules will fail. The first part of the paper develops a rich collection of inference rules that do not lead to paradox. The second part identifies traditional rules of logic that are paradoxical in algorithmic logic, and so should be viewed with suspicion in type-free logic generally. (shrink)

Discussions about the nature of essence and about the inference problem for non-Humean theories of nomic modality have largely proceeded independently of each other. In this article I argue that the right conclusions to draw about the inference problem actually depend significantly on how best to understand the nature of essence. In particular, I argue that this conclusion holds for the version of the inference problem developed and defended by Alexander Bird. I argue that Bird’s own argument that this problem (...) is fatal for David Armstrong’s influential theory of the laws of nature but not for dispositional essentialism is seriously flawed. In place of this argument, I develop an argument that whether Bird’s inference problem raises serious difficulties for Armstrong’s theory depends on the answers to substantial questions about how best to understand essence. The key consequence is that considerations about the nature of essence have significant, underappreciated implications for Armstrong’s theory. (shrink)

We develop a functional abstraction principle for the type-free algorithmic logic introduced in our earlier work. Our approach is based on the standard combinators but is supplemented by the novel use of evaluation trees. Then we show that the abstraction principle leads to a Curry fixed point, a statement C that asserts C ⇒ A where A is any given statement. When A is false, such a C yields a paradoxical situation. As discussed in our earlier work, this situation leaves (...) one no choice but to restrict the use of a certain class of implicational rules including modus ponens. (shrink)

From the 1910s to the emergence of structuralism and post-structuralism in the 1960s, the writings of John Grierson, Siegfried Kracauer, Andre Bazin and Georg Lukacs dominated realist film theory. In this critical anthology, the first collection to address their work in one volume, a wide range of international scholars explore the interconnections between their ideas and help generate new understandings of this important, if neglected, field. Challenging preconceptions about 'classical' theory and the nature of realist representation, and in the process (...) demonstrating how this body of work can be seen as a cohesive theoretical model, this invaluable collection will help return the realist paradigm of film theory to the forefront of academic enquiry. ". (shrink)

According to the powerful qualities view, properties are both powerful and qualitative. Indeed, on this view the powerfulness of a property is identical to its qualitativity. Proponents claim that this view provides an attractive alternative to both the view that properties are pure powers and the view that they are pure qualities. It remains unclear, however, whether the claimed identity between powerfulness and qualitativity can be made coherent in a way that allows the powerful qualities view to constitute this sort (...) of alternative. I argue here that this can be done, given a particular conception of both the qualitativity and powerfulness of properties. On this conception, a property is qualitative just in the sense that its essence is fixed independently of any distinct properties, and it is powerful just if its essence grounds its dispositional role. (shrink)

Moral distress, is, at its core, an organizational problem. It is experienced on a personal level, but its causes originate within the system itself. In this commentary, we argue that moral distress is not inherently good, that effective interventions must address the external sources of moral distress, and that while there is a place for resilience in the healthcare professions, it cannot be an effective antidote to moral distress.

The terms of debate over insurance coverage of transition-related interventions, which includes facial feminization surgery (FFS), has been defined through the reconstructive versus cosmetic dichot...

Ashley Woodward demonstrates what a new generation of scholars are just discovering: that Lyotard's incisive work is essential for current debates in the humanities. Lyotard's ideas about the arts and the confrontations between humanist traditions and cutting-edge sciences and technologies are today known as 'posthumanism'. Woodward presents a series of studies to explain Lyotard's specific interventions in information theory, new media arts and the changing nature of the human. He assesses their relevance and impact in relation to a number (...) of important contemporary thinkers including Bernard Stiegler, Luciano Floridi, Quentin Meillassoux and Paul Virilio. (shrink)

A recent paper by Teresa Baron and Geoffrey Dierckxsens argues that puberty blockers and hormone therapy should be disallowed before adulthood on prudential and consent-related grounds. This response contends that their argument fails because it is predicated on unsupported premises and misinterpretations of the available evidence. There is no evidence that a large proportion of pubertal and postpubertal youths later discontinue medical transition. Meaningful assent is a viable and commonly accepted alternative to meaningful consent in paediatric bioethics. And finally, the (...) primary purpose of transition-related interventions is to actualise youths’ gendered self-image, not treat an underlying mental illness. (shrink)