Medical science brings innovations in patient care at an astounding pace today - new chemotherapeutic agents, coated stents, and minimally invasive surgery are just few recent examples. For physicians, though, the specter of malpractice liability can overshadow the marvel of practicing in this era. Many physicians are working in a volatile liability environment; they face spiraling costs for malpractice insurance, have difficulties purchasing liability coverage at any price, and see record payouts in a growing number of claims against their colleagues. (...) The American Medical Association has declared that at least 20 states are currently in a malpractice “crisis,” with another 24 states showing early signs of an impending crisis.There have been two comparable periods of instability in the last thirty years, but these predecessor crises differ from the current one in important ways. First, while physicians mainly experienced dwindling options for obtaining coverage in the mid-1970s and exorbitant prices in the mid-1980s, the current crisis appears to have elements of both availability and affordability. (shrink)

This article draws insights from a case study examining unanswered health questions of residents in two polluted towns in an industrial region in southern France. A participatory health study, as conducted by the author, is presented as a way to address undone science by providing the residents with relevant data supporting their illness claims. Local residents were included in the health survey process, from the formulation of the questions to the final data analysis. Through this strongly participatory science process, the (...) townspeople offered many creative ideas in the final report for how the data could be used to assist in improving their health and environment and policy work is already in evidence, resulting from the study. Drawing from the literature on participatory science and expertise as well as from the initial outcomes of the local health study, I propose that SPS produces a form of knowledge justice. Understanding knowledge and its making as part of a social justice agenda aligns well with environmental justice frames. Through SPS, local residents have a hermeneutical resource to make sense of their embodied lives and augment their claims with strong data supporting actions for improving their health and environment. (shrink)

Introduction: Over the past twenty-five years the sporting body has been studied in a myriad of ways including via a range of feminist frameworks (Hall 1996; Lowe 1998; Markula 2003; George 2005; Hargreaves 2007) and gender-sensitive lenses (e.g. McKay 1994; Aoki 1996; Woodward 2008). Despite this developing corpus, studies of sport only rarely engage in depth with the ‘flesh’ of the lived sporting and exercizing body (Wainwright and Turner 2003; Allen-Collinson 2009) at least from a phenomenological angle, and in (...) relation to female embodiment. It seems that a more corporeally-grounded, phenomenological perspective on women’s sporting embodiment would be a welcome addition to extant studies. In this chapter I suggest that employing a feminist phenomenological framework can provide a powerful lens through which to explore the subjective, richly-textured, lived-body experiences of sport and exercise. Phenomenology of course offers only one of a multiplicity of avenues to investigate the body in sport, and this chapter provides just a small glimpse of its possibilities. To-date studies of sporting experience employing a phenomenological theoretical framework remain surprisingly under-developed (Kerry and Armour 2000), as do those using its ethnomethodological offspring (Coates 1999; Burke et al. 2008). Further, as Fisher (2000) notes, the significance of the interaction between phenomenology and feminism has only relatively recently begun to be explored. It seems timely, therefore, to address this intriguing, potentially productive, but sometimes uneasy nexus, focusing upon female running embodiment in this case. (shrink)

Weather experiences are currently surprisingly under-explored and under-theorised in sociology and sport sociology, despite the importance of weather in both routine, everyday life and in recreational sporting and physical–cultural contexts. To address this lacuna, we examine here the lived experience of weather, including ‘weather work’ and ‘weather learning’, in our specific physical–cultural worlds of distance-running, triathlon and jogging in the United Kingdom. Drawing on a theoretical framework of phenomenological sociology, and the findings from five separate auto/ethnographic projects, we explore the (...) ‘weather-worlds’ and weather work involved in our physical–cultural engagement. In so doing, we address ongoing sport sociological concerns about embodiment and somatic, sensory learning and ways of knowing. We highlight how weather work provides a key example of the phenomenological conceptualisation of the mind–body–world nexus in action, with key findings delineating weather learning across the meteorological seasons that contour our British weather-related training. (shrink)

Allen W.Wood Stanford University Fichte’s overall aim in the Second Chapter of the System of Ethics is to derive the applicability of the moral principle he has deduced in the First Chapter. That principle was: To determine one’s freedom solely in accordance with the concept of selfdetermination.1 To show that this principle can be applied is to derive its application from the conditions of free agency in which we find ourselves. In the section of the Second Chapter that will (...) concern us, Fichte attempts to do this starting with our awareness of ourselves as organic beings of nature, and deriving from this awareness our consciousness of the moral principle as an activity of our freedom, together with the general object of this activity, our interest in this activity, and some preliminary indications of the way we are to identify the particular objects and actions that fall under it. It is important to keep in mind that throughout this discussion, Fichte’s concern is not with deducing philosophical propositions from the transcendental standpoint but rather with comprehending, in the light of this, the standpoint of everyday or nonphilosophical consciousness. The aim will therefore be to help us recognize the transcendental source and estimate the significance for moral philosophy of such ordinary facts of practical consciousness as drive, desire, the ‘higher’ and ‘lower’ faculties of desire, our awareness of freedom. (shrink)

Allen Guelzo is the Director of Civil War Era Studies and a Professor of History at Gettysburg College.

My topic is the theme of the E-OSSA 12 conference, namely Evidence, Persuasion and Diversity. I will present relevant material from a selection of Canadian legal cases, along with background information as needed and commentary. My primary focus will be on two landmark Supreme Court of Canada cases—an Aboriginal law case and a case that was both a constitutional law case and a criminal law case.

Social theory has paid little attention to air, despite its centrality to bodily existence and air pollution being named the world’s biggest public health crisis. Where attention to air is found, the body is largely absent. On the other hand, conceptualizing the body without life-sustaining breath fails to highlight breathing as the ongoing metabolic bodily act in which the materiality of human and more-than-human intermingle and transmute one another. Political ecology studies how unequal power structures and knowledge production reproduce human–environment (...) relations, including a nascent focus on the body and air – but as separate issues. This article argues that a political ecology of air would productively fuse with a political ecology of the body to bring the visceral realm into intersectional analysis of air’s contemporary materialities. A feminist political ecology situates explicitly air-and-breathing-bodies, their intimately posthuman, relational, elemental and corpomaterial intra-action, at the heart of such analysis. (shrink)

Power is clearly a crucial concept for feminist theory. Insofar as feminists are interested in analyzing power, it is because they have an interest in understanding, critiquing, and ultimately challenging the multiple array of unjust power relations affecting women in contemporary Western societies, including sexism, racism, heterosexism, and class oppression. In "The Power of Feminist Theory," Amy Allen diagnoses the inadequacies of previous feminist conceptions of power, and draws on the work of a diverse group of theorists of power, (...) including Michel Foucault, Judith Butler, and Hannah Arendt, in order to construct a new feminist conception of power. The conception of power developed in this book enables readers to theorize domination, resistance, and solidarity, and, perhaps more importantly, to do so in a way that illuminates the interrelatedness of these three modalities of power. (shrink)

Early liberal theories about the feasibility of moral progress were premised on empirically ungrounded assumptions about human psychology and society. In this article, we develop a richer naturalistic account of the conditions under which one important form of moral progress–the emergence of more “inclusive” moralities–is likely to arise and be sustained. Drawing upon work in evolutionary psychology and social moral epistemology, we argue that “exclusivist” morality is the result of an adaptively plastic response that is sensitive to cues of out-group (...) threat that are detected during development. We conclude with a blueprint for reinforcing and extending inclusivist progress. (shrink)

The claim that chimpanzees make and use tools stands on two feet. One is a simplistic conception of tool; the other is a range of field observations, whose interpretation is not always as ingenuous and objective as their advocates suggest. An important difference little attended to by friends of the chimpanzee’s tool concerns how little their way of life seems to hang on their so-called tools. For us nearly everything does. Without tools, chimpanzees would find other things to eat. But (...) without our tools we are not a naked ape thrown back on its animal nature. We are an nonviable species rapidly heading for extinction. Tools belong to the very ecology of our evolved form of life. The myth of the chimpanzee’s tool has already proved damaging in the history and philosophy of technology. It obscures the unique contribution of technical culture to human ecology, which has no counterpart among chimpanzees. The myth has also inspired the bizarre idea that there is something arbitrary about technical culture — that in a sense we could do without it. That is certainly a mistake, and more serious than a specialist’s error, because any decision about the chimpanzee’s tool is replete with implications for understanding our humanness. (shrink)

Theories of beauty are often divided into the objective and the subjective. I am doubtful whether a rigid distinction between the two can be maintained. It is difficult for an objective theory to assert that the impression of beauty is received quite passively, without any reaction or co-operation on the part of the subject, which is likely to be similar in the various cases.

As one of the most important ethicists to emerge since the Second World War, Alan Gewirth continues to influence philosophical debates concerning morality. In this ground-breaking book, Gewirth's neo-Kantianism, and the communitarian problems discussed, form a dialogue on the foundation of moral theory. Themes of agent-centered constraints, the formal structure of theories, and the relationship between freedom and duty are examined along with such new perspectives as feminism, the Stoics, and Sartre. Gewirth offers a picture of the philosopher's theory and (...) its applications, providing a richer, more complete critical assessement than any which has occurred to date. (shrink)

Susan Wolf’s compatibilism is unique for being ‘asymmetrical.' While holding that blameworthiness entails being able to avoid acting wrongly, she maintains that our freedom consists in single-mindedly pursuing Truth and Goodness. Comparing and contrasting her position to Saint Anselm’s seminal, libertarian approach to the same subject elicits serious questions, highlighting its drawbacks. How could freedom entail the inability to do certain things? In what sense are reasons causes? What sense can be made of a double standard for assignments of responsibility? (...) Is not self-control inconsistent with being caused to act by things independent of oneself? Does not virtue require struggling against falsehoods and evils by which one could be overcome? Wolf’s compatibilism must be rejected, I shall argue, in light of Anselm’s intuitively satisfying response to these concerns: we should prefer a philosophy that entails more of what we want from freedom without begging unanswerable questions of its own. (shrink)

Abstract:Liberal thinkers of the Enlightenment understood that surplus moral constraints, imposed by invalid moral norms, are a serious limitation on liberty. They also recognized that overcoming surplus moral constraints — what we call proper de-moralization — is an important dimension of moral progress. Contemporary philosophical theorists of liberty have largely neglected the threat that surplus moral constraints pose to liberty and the importance of proper de-moralization for human emancipation. This essay examines the phenomena of surplus moral constraints and proper de-moralization, (...) utilizing insights from biological and cultural evolutionary thinking. (shrink)

The indirect argument (IA) for incompatibilism is based on the principle that an action to which there is no alternative is unfree, which we shall call ‘PA’. According to PA, to freely perform an action A, it must not be the case that one has ‘no choice’ but to perform A. The libertarian and hard determinist advocates of PA must deny that free will would exist in a deterministic world, since no agent in such a world would perform an action (...) to which there were alternatives: an action there being the necessary consequence of preceding events and the laws of nature, it would not be possible for a person to perform actions besides those he actually performs. Determinism is seen here as “indirectly” ruling out free will by making the satisfaction of a necessary condition of free agency impossible, the former requiring, according to the leading proponent of libertarianism, Robert Kane, the performance of free actions. To have a free will, on his view, is to have committed “self-forming” actions, that is, to have done things to which there were alternatives the doing of which led to the development of the desires, preferences, and beliefs that make up one’s character. -/- The range of phenomena obeying probabilistic laws has yet to be ascertained. Under certain assumptions, both STR and GTR entail an indeterministic mechanics. But, contrary what is often claimed, quanta do not behave indeterministicly: the wave function/probabilistic laws being necessary only insofar as we wish to macroscopicly describe their behavior. It is far less clear, however, that the macro-events involved in human decision making and behavior, such as the releasing of neurotransmitters and the contracting of muscles, occur indeterministically. The ontological status of these events-whether or not they are the necessary effects of prior occurrences-is, of course, what matters in the free will debate. For present purposes, however, this question will be put aside. Instead, I will concentrate on buttressing the existing case against PA, aiming to show that even if deterministic laws hold at the level of macro-phenomena, free will remains a possibility. That is to say, I shall defend the thesis that so-called “Frankfurt cases” demonstrate that alternatives are not required to perform an action that is free in the sense of being something for which its agent is responsible. -/- My defense will be carried out in three stages. First, I must respond to those who maintain that a Frankfurt case is not a counterexample to PA because it is not an example of someone acting without alternatives. Here, I confront the question of how “robust” an alternative must bein order to provide an agent with a way of avoiding praise or blame for the action that she actually commits. Secondly, I must show that an agent may be praiseworthy or blameworthy despite lacking alternatives at the time at which she acts, i.e., an appropriate object of one of a Strawsonian “reactive attitude” sans what I shall call “local” alternatives. At this point, I must attend to David Widerker’s recent critique of the use of Frankfurt cases as counterexamples to PA. Finally, I set for myself what I take to be the most difficult task of a compatibilist: demonstrating that not even an “historical” alternative-the possibility of having chosen a different path in life than the one that one has actually taken-is needed to have a free will. In this connection, it will be incumbent upon me to explain why it would be fair to hold someone accountable for behavior issuing from a self she did not create, dispositions originating from natural conditions she did not establish. That is to say, in denying that a free will entails the ability to transcend oneself, I shall be faced with what Kane calls the “ultimacy” problem: how to explain away the incompatibilist’s intuition that it is senseless to adopt a reactive attitude towards someone incapable of self-transcendence, even if such a reaction is itself unavoidable. By showing that the desire for self-transcendence is itself irrational, I intend to solve this problem. I will, thus, be left defending a version of compatibilism according to which a free will is to be understood as a healthy faculty-the will-being exercised in an environment conducive to self-realization, which is its purpose. (shrink)

Although philosophers have considered some of the implications of the nature of quantum statistics of many-particle systems for the interpretation problem, e.g., Reichenbach, they have not produced a complete analysis of the relationship between aspects of quantum statistics and complications and/or possible solutions of the interpretation problem. While the present work by no means provides a complete account, it does explore some heretofore uncharted regions. One of the latter is an analysis of a situation that I call 'The Paradox of (...) Identical Particles ,' which arises in Bose-Einstein statistics. PIP refers to the fact that Elementary Quantum Mechanics seems to be committed to the thesis that systems of particles of the same species, "identical" particles, exhibit behavior differing from that of systems of particles of different species, simply in virtue of the fact that the former contain entities of the same species while the latter do not. Taken at face value this is tantamount to the Empedoclean "axiom" that like attracts like, while like and unlike repel, a somewhat embarassingly naive proposition for modern physicists to embrace, and one which, furthermore, poses a host of perplexing problems, e.g., how do the particles "know" whether they are of the same species or not? A result proven in the present work is that any "pluralistic" interpretation of quantum theory is unable to provide a satisfactory way of ridding quantum physicists of this appeal to what I call "species sensitivity." Arguing that Quantum Field Theory is most naturally and plausibly interpreted as a "monistic" theory--which means, inter alia, that for a system of n identical particles to exist is not for n distinct objects of any kind to exist, but rather for one unified underlying entity, a quantum field, to be in a certain kind of state or condition--I show that from this point of view PIP can be dissolved. On the basis of this and other considerations, I argue that the interpretation problem is more amenable to solution if we take the QFT point of view as the fundamental expression of quantum theory. (shrink)

John Perry has recently developed a form of Compatibilism that respects the Principle of Alternatives (PA), according to which free agency requires having the ability to do more than one thing. Eschewing so-called Frankfurt counterexamples to this intuitively plausible principle, long the bête noire of those who would like to believe in free agency and Determinism, Perry argues that there is an important sense in which we can act differently than we do. It signifies the “natural” property of possessing a (...) latent ability, a notion free of the mysteriousness surrounding accounts of the freedom to do otherwise based on religious or even philosophical considerations, yet sufficient to conceptually ground our assignments of praise and blame. Perry goes on to advise his readers to abandon all such unscientific accounts in favor of his common sense approach. -/- I argue that Perry’s Compatibilism (PC) leads to the same objection as other Humean versions thereof, as well as fails to explain certain intuitions regarding self-control and initiative. I conclude with an assessment of the prospects for his proposed revision of PC, written in light of these concerns. (shrink)

Causal Determinism (CD) entails that all of a person’s choices and actions are nomically related to events in the distant past, the approximate, but lawful, consequences of those occurrences. Assuming that history cannot be undone nor those (natural) relations altered, that whatever results from what is inescapable is itself inescapable, and the contrariety of inevitability and freedom, it follows that we are completely devoid of liberty: our choices are not freely made; our actions are not freely performed. Instead of disputing (...) the soundness of this reasoning, some philosophers prefer to maintain that we could yet have a small measure of freedom were CD true of our world: although being unable to choose or act differently, one could at least under normal circumstances truly claim to be acting ‘on one’s own’, beyond the control of ‘outside forces’, in a word, autonomous. They further argue that being free in this sense suffices for moral responsibility. Call their philosophy ‘Autonomy Compatibilism’ (AC). -/- In adopting here reactive attitudes towards an agent, one is choosing to highlight the fact that the individual in question is of sound mind, reasoning and acting free from the interference of others. These facts alone, the adherent of AC claims, justify his stance, despite the necessity of the agent’s choices. Why would we not regard a sane individual who is not being coerced, intimidated, deceived or unduly put upon as in charge of his life so as to be responsible for his activities? -/- The Manipulation Argument (MA) is supposed to cut off this line of retreat. Its authors hold that, were CD true of our world, we would be no more autonomous than a victim of “covert, non-constraining control” (CNC): manipulation whereby one person causes another, through the use of methods such as brainwashing or circumspect operant conditioning, to ‘do his bidding’ without the latter being aware of his subjugation or feeling in any way coerced. Since a CNC victim obviously lacks autonomy, then so must “persons” living in a deterministic universe. Defenders of AC have, then, the following argument with which to contend: -/- 1. Victims of CNC (obviously) lack autonomy. 2. Thus, AC would be true only if some definition of autonomy succeeds in specifying a freedom relevant difference between victims of CNC and agents whose choices/actions are necessary consequences of prior events. 3. There could be no such definition. 4. Therefore, AC must be false. -/- The challenge issued here is clear: find a way to refute the claim that being subject to natural laws would be tantamount to being a victim of CNC, to show that Nature is no manipulator. Moreover, this challenge cannot be met by responding with a Frankfurt case: a situation in which things have been surreptitiously arranged so that an agent is unable to avoid doing something that he manages to do ‘on his own’, thus, being autonomous despite his inability to act otherwise. For, even if CD is not inconsistent with autonomy because it eliminates the ability to do otherwise per se, it may yet entail that no human agent ever does act of his own accord, an implication of which would be a lack of alternatives on anyone’s part. In other words, the fact that causally determined beings could never act differently than they do does is perhaps only symptomatic of the reason why such beings would lack autonomy: forces beyond their control would have dominion over their psychological development. Thus, AC advocates must show that the way that an agent’s character would be shaped, were she (merely) subject to natural laws, would leave unimpaired an ability that CNC would destroy. What follows is a definition of this ability, which I also use to solve the Problem of Freedom and Foreknowledge. (shrink)

Things strike me in a variety ways. F and F# sound slightly different, ripe and unripe tomatoes neither look nor taste nor smell the same, and silk feels smoother than corduroy. In each case, I distinguish an experience of something on the basis of what it is like to be its subject. That is to say, in philosophical parlance, if not quite the vernacular, its “quale,” leads me to categorize it and, thus, respond appropriately to its stimulus. The function of (...) a quale being established, we must define it along with its subject and, as Sartre maintained, their relation. How should we understand the subject and predicate terms and the copula in sentences such as ‘He is listening to Chopin’ or ‘She is seeing the sights of Paris’? Elaborating upon adverbialism, I shall argue that the subject of experiencing is a hylomorphic compound that is temporarily identical to the 'accidental compound' that it forms along with a qualified passion. I begin by explicating the adverbialist’s treatment of qualitative consciousness and defending it against the charge of circularity. (shrink)

The following technique has proven effective in helping beginning logic students locate the sections of a three-circled Venn Diagram in which they are to represent a categorical sentence. Very often theses students are unable to identify the parts of the diagram they are to shade or bar.

_Now in a new, affordable edition with updated notes, a superbly readable translation of Kant’s classic work_ This work, one of the most important texts in the history of ethics, presents Immanuel Kant’s conception of moral self-government based on pure reason. It has been a source of controversy and an object of reinterpretation for over two centuries. This new edition of Kant’s work provides a fresh translation that is uniquely faithful to the German original and more fully annotated than any (...) previous translation. The editor and translator, Allen Wood, has written a new introduction. (shrink)

This dissertation is a discussion of Wittgenstein's later philosophy. In it, Wittgenstein's answer to the "going on problem" will be presented: I will give his reply to the skeptic who denies that rule-following is possible. Chapter One will describe this problem. Chapter Two will give Wittgenstein's answer to it. Chapter Three will show how Wittgenstein used this answer to give the standards of mathematics. Chapter Four will compare Wittgenstein's answer to the going on problem to Plato's. Chapter Five will describe (...) Kant's influence on Wittgenstein's later philosophy. The leitmotif of these chapters will be that the way human beings typically apply a rule is the source of justification for an individual's usage thereof. (shrink)

Scholarly efforts to detect playfulness in the address to Apollodorus at Pl. Symp. 172a are reviewed and found unsatisfactory. In keeping with the dialogue’s erotic theme and comic spirit, a small supplemental emendation of the address’s Φαληρεύς is proposed to effect a phallic mock-demotic à la Aristophanes, Φαλ ηρεύς.

Male-to-female transvestism is a complex phenomenon that is often confused with other manifestations of male-to-female cross-dressing, e.g. drag performance. As a practice, male-to-female transvestism remains under-theorised in feminist and queer literature. In this article I approach male-to-female transvestism from two different directions. First, I sketch out some of the meta-theoretical issues surrounding its place in feminist and queer scholarship. Second, I hone in on particular details of male-to-female transvestite culture in order to model the kind of attentive reading that male-to-female (...) transvestism requires. The first section of the article presents readings of three foundational texts – Gayle Rubin’s ‘Thinking Sex’ (1984), Judith Butler’s Gender Trouble (1990) and Marjorie Garber’s Vested Interests (1992) – to highlight the challenges facing the theorisation of male-to-female transvestism in feminist and queer scholarly traditions. In the second section, I turn to an online message board for male-to-female cross-dressers (crossdressers.com) and read practices of passing and photography through a theoretical framework informed by Alan Turing, Masahiro Mori and Silvan Tomkins. (shrink)

We argue for a perspective on bilingual heritage speakers as native speakers of both their languages and present results from a large-scale, cross-linguistic study that took such a perspective and approached bilinguals and monolinguals on equal grounds. We targeted comparable language use in bilingual and monolingual speakers, crucially covering broader repertoires than just formal language. A main database was the open-access RUEG corpus, which covers comparable informal vs. formal and spoken vs. written productions by adolescent and adult bilinguals with heritage-Greek, (...) -Russian, and -Turkish in Germany and the United States and with heritage-German in the United States, and matching data from monolinguals in Germany, the United States, Greece, Russia, and Turkey. Our main results lie in three areas. We found non-canonical patterns not only in bilingual, but also in monolingual speakers, including patterns that have so far been considered absent from native grammars, in domains of morphology, syntax, intonation, and pragmatics. We found a degree of lexical and morphosyntactic inter-speaker variability in monolinguals that was sometimes higher than that of bilinguals, further challenging the model of the streamlined native speaker. In majority language use, non-canonical patterns were dominant in spoken and/or informal registers, and this was true for monolinguals and bilinguals. In some cases, bilingual speakers were leading quantitatively. In heritage settings where the language was not part of formal schooling, we found tendencies of register leveling, presumably due to the fact that speakers had limited access to formal registers of the heritage language. Our findings thus indicate possible quantitative differences and different register distributions rather than distinct grammatical patterns in bilingual and monolingual speakers. This supports the integration of heritage speakers into the native-speaker continuum. Approaching heritage speakers from this perspective helps us to better understand the empirical data and can shed light on language variation and change in native grammars. Furthermore, our findings for monolinguals lead us to reconsider the state-of-the art on majority languages, given recurring evidence for non-canonical patterns that deviate from what has been assumed in the literature so far, and might have been attributed to bilingualism had we not included informal and spoken registers in monolinguals and bilinguals alike. (shrink)