Was there a major change in Plato's views on the role and importance of law? It can be argued that he held in both 'Republic' and 'Laws' that law and administrators are essential to a state of the best kind, but legislators are not, since legislation has been done by the founders. This interpretation seems to be incompatible with passages in 'Statesman', in which the status and role of law appear to be positively downgraded. The appearance of a contradiction between (...) such passages and the insistence in 'Laws' on the importance of law is created by failure to recognize different uses of 'nomoi', as guiding rules of skill or as rules of law. What Plato says about the contrast between ideal and actual rulers commits him to the distinction, whether or not he had clearly formulated it for himself. An afterword recommends Plato's way of handling laws dealing with criminal attempt. (shrink)

George P. Fletcher, Rethinking Criminal Law Boston: Little, Brown and Co., 1978, xviii + 898 pp.

Non-Identity arguments have a pervasive but sometimes counter-intuitive grip on certain key areas in ethics. As a result, there has been limited success in supporting the alternative view that our choices concerning future generations can be considered harmful on any sort of person-affecting principle. However, as the Non-Identity Problem relies overtly on certain metaphysical assumptions, plausible alternatives to these foundations can substantially undermine the Non-Identity argument itself. In this paper, I show how the pervasive force and nature of Non-Identity arguments (...) rely upon a specific adoption of a theory of modality and identity and how adopting an alternative account of modality can be used to reject many conclusions formed through Non-Identity type arguments. By using Lewis’s counterpart-theoretic account to understand ways we might have been, I outline the basis of a modal account of harm that incorporates a person-affecting aspect. This, in turn, has significant implications for ethical decision-making in areas such as reproductive choice and the welfare of future generations. (shrink)

The Liverpool Care Pathway for the Dying has recently been the topic of substantial media interest and also been subject to the independent Neuberger Review. This review has identified clear failings in some areas of care and recommended the Liverpool Care Pathway be phased out. I argue that while the evidence gathered of poor incidences of practice by the Review is of genuine concern for end of life care, the inferences drawn from this evidence are inconsistent with the causes for (...) the concern. Seeking to end an approach that is widely seen as best practice and which can genuinely deliver high quality care because of negative impressions that have been formed from failing to implement it properly is not a good basis for radically overhauling our approach to end of life care. I conclude that improvements in training, communication, and ethical decision-making, without the added demand to end the Liverpool Care Pathway would have resulted in a genuine advance in end of life care. (shrink)

Contemporary biologists are not agreed on the question of whether there are any human races, despite the widespread scientific consensus on the underlying genetics. For most purposes, however, we can reasonably treat this issue as terminological. What most people in most cultures ordinarily believe about the significance of “racial” difference is quite remote, I think, from what the biologists are agreed on. Every reputable biologist will agree that human genetic variability between the populations of Africa or Europe or Asia is (...) not much greater than that within those populations; though how much greater depends, in part, on the measure of genetic variability the biologist chooses. If biologists want to make interracial difference seem relatively large, they can say that “the proportion of genic variation attributable to racial differences is … 9 – 11%.”1 If they want to make it seem small, they can say that, for two people who are both Caucasoid, the chances of difference in genetic constitution at one site on a given chromosome are currently estimated at about 14.3 percent, while for any two people taken at random from the human population, they are estimated at about 14.8 percent. The statistical facts about the distribution of variant characteristics in human populations and subpopulations are the same, whichever way the matter is expressed. Apart from the visible morphological characteristics of skin, hair, and bone, by which we are inclined to assign people to the broadest racial categories—black, white, yellow—there are few genetic characteristics to be found in the population of England that are not found in similar proportions in Zaire or in China; and few too which are found in Zaire but not in similar proportions in China or in England. All this, I repeat, is part of the consensus . A more familiar part of the consensus is that the differences between peoples in language, moral affections, aesthetic attitudes, or political ideology—those differences which most deeply affect us in our dealings with each other—are not biologically determined to any significant degree.[…]In this essay, I want to discuss the way in which W. E. B. Du Bois—who called his life story the “autobiography of a race concept”—came gradually, though never completely, to assimilate the unbiological nature of races. I have made these few prefatory remarks partly because it is my experience that the biological evidence about race is not sufficiently known and appreciated but also because they are important in discussing Du Bois. Throughout his life, Du Bois was concerned not just with the meaning of race but with the truth about it. We are more inclined at present, however, not to express our understanding of the intellectual development of people and cultures as a movement toward the truth; I shall sketch some of the reasons for this at the end of the essay. I will begin, therefore, by saying what I think the rough truth is about race, because, against the stream, I am disposed to argue that this struggle toward the truth is exactly what we find in the life of Du Bois, who can claim, in my view, to have thought longer, more engagedly, and more publicly about race than any other social theorist of our century. 1. Masatoshi Nei and Arun K. Roychoudhury, “Genetic Relationship and Evolution of Human Races,” Evolutionary Biology 14 : 11; all further references to this work, abbreviated “GR,” will be included in the text. Anthony Appiah is associate professor of philosophy, African studies, and Afro-American studies at Yale. He is the author of Assertion and Conditionals and For Truth in Semantics . In addition, he is at work on African Reflections: Essays in the Philosophy of Culture. (shrink)

Built in the centre of Copenhagen, and noted for its equestrian stairway, the Rundetaarn, was intended as an astronomical observatory. Part of a complex of buildings that once included a university library, it affords expansive views of the city in every direction, towering above what surrounds it. The metaphor of the towering figure, who sees what others might not, whose vantage point allows him to visualize how things fit together, and who has an earned-stature of respect and authority, fits another (...) Danish stalwart, Hans Vilhelm Hansen, whose contributions to the fields of informal logic and argument theory have earned the gratitude of his colleagues, and inspired this collection of essays, written to express the appreciation of its authors and of the many, many colleagues they represent. (shrink)

The beating of Rodney King and the resulting riots in South Central Los Angeles. The violent clash between Hasidim and African-Americans in Crown Heights. The boats of Haitian refugees being turned away from the Land of Opportunity. These are among the many racially-charged images that have burst across our television screens in the last year alone, images that show that for all our complacent beliefs in a melting-pot society, race is as much of a problem as ever in America. In (...) this vastly important, widely-acclaimed volume, Kwame Anthony Appiah, a Ghanaian philosopher who now teaches at Harvard, explores, in his words, "the possibilities and pitfalls of an African identity in the late twentieth century." In the process he sheds new light on what it means to be an African-American, on the many preconceptions that have muddled discussions of race, Africa, and Afrocentrism since the end of the nineteenth century, and, in the end, to move beyond the idea of race. (shrink)

It is widely accepted in science that the universe is a closed deterministic system in which everything can, ultimately, be explained by purely physical...

This paper examines the potential for abstracting propositions – an as yet untested way of defending the realist thesis that propositions as abstract entities exist. I motivate why we should want to abstract propositions and make clear, by basing an account on the neo-Fregean programme in arithmetic, what ontological and epistemological advantages a realist can gain from this. I then raise a series of problems for the abstraction that ultimately have serious repercussions for realism about propositions in general. I first (...) identify problems about the number of entities able to be abstracted using these techniques. I then focus on how issues of language relativity result in problems akin to the Caesar problem in arithmetic by exposing circularity and modal concern over the status of the criterion of identity for propositions. (shrink)

The standard by which we apply decision-making for those unable to do so for themselves is an important practical ethical issue with substantial implications for the treatment and welfare of such individuals. The approach to proxy or surrogate decision-making based upon substituted judgement is often seen as the ideal standard to aim for but suffers from a need to provide a clear account of how to determine the validity of the proxy's judgements. Proponents have responded to this demand by providing (...) the truth-conditions for the substituted judgement in terms of counterfactual reasoning using a possible worlds semantics. In this paper, I show how these underpinnings fail to support the substituted judgement approach as a reasonable standard for decision-making. Firstly, I show how this counterfactual element has been poorly interpreted. I then explain how various accounts have failed to reflect problems and limitations associated with providing an interpretation of their truth-conditions using counterfactuals. Finally, I argue that, even when we attend to the initial problems of providing a counterfactual analysis, it still deeply problematic as a means of determining the validity of substituted judgements for two main reasons. Firstly, making determinate judgements as to the truth-value of these judgements will often not be possible and, secondly, there is a strong requirement when interpreting many counterfactual claims to charitably accede to their being true. I conclude that substituted judgements, as interpreted through counterfactual reasoning and possible worlds semantics, do not therefore provide an adequate standard for surrogate decision-making. (shrink)

IntroductionExtended decision -making through the use of proxy decision -makers has been enshrined in a range of International Codes, Professional Guidance and Statute,For example, the UK Mental Capacity Act section 9.1; The General Medical Council ; the US National Guardianship Association ; Nuffield Council on Bioethics ; CIOMS-WHO section 6. Court cases such as Re Quinlan in the US have also contributed to establishing the groundings for the legal status of the proxy, albeit in terms of who might be suitable (...) as a proxy in cases where there was no clear appointment of them by a still competent individual. and is now widely seen as a useful means through which we can exercise control over decisions that affect our lives when we have lost capacity to make these decisions for ourselves.I will here limit myself to discussion of proxy consent for adults appointed prior to the loss of competence by the person they are acting as proxy for. The issue of p. (shrink)

Innovation is a key driver of care provision in assisted reproductive technologies (ART). ART providers offer a range of add‐on interventions, aiming to augment standard in vitro fertilization protocols and improve the chances of a live birth. Particularly in the context of commercial provision, an ever‐increasing array of add‐ons are marketed to ART patients, even when evidence to support them is equivocal. A defining feature of ART is hope—hope that a cycle will lead to a baby or that another test (...) or intervention will make a difference. Yet such hope also leaves ART patients vulnerable in a variety of ways. This article argues that previous attempts to safeguard ART patients have neglected how the use of add‐ons in commercial ART can exploit patients’ hopes. Commercial providers of ART should provide add‐ons only free of charge, under a suitable research protocol. (shrink)

Spanning 2,500 years of thought, this superb volume provides essential coverage of the most influential philosophers of the Western world, including Socrates, ...

In the context of two examples from child conversation the author exemplifies the kinds of attributional process that can be uncovered through detailed examination of interaction. Although these processes implicate an orientation to psychological states by the child their specification does not depend on claims regarding the child’s cognitive processes. Nevertheless this specification can have a bearing on the adequacy of theories of cognitive processes, by locating competences that such theories should be able to account for. These issues are related (...) to research on ‘theory of mind’, discursive psychology and Vygotskyan psychology. (shrink)

The article outlines the diverse willed and unwilled developments which have attenuated international human rights discourse so that it still cannot be used to hold governments to account for their failures to respect the economic and social rights of their citizens. These developments range from geopolitical manoeuvres, through changed modes of enunciation , to the absence of appropriate governmentalist techniques for measuring economic and social compliance. It then questions and counters the doctrine of `justiciability' that is the discursive node of (...) this structure of impotence. It concludes by proposing a strategy for the development of a more truly cosmopolitan international human rights discourse. (shrink)

Santayana, whose early writings are hostile to the Faustian spirit, used a quotation from IFaust, Part IID as epigraph to IThe Realm of SpiritD. This suggest a possible affinity of late Santayana, and aspects of Goethe. The speech of the Earth-Spirit in IFaustD has an amoralism similar to passages in IThe Realm of MattesD. A certain ironical, detached spirituality links the poet-sages as well. Each uses some of the symbolism of Christian dogma (e.g., the last chapter of IThe Realm of (...) SpiritD and the end of IFaust, Part IID) to convey the religious mystery of existence, but with no strict adherence to Christianity. (shrink)

Abstract Sam Peltzman has brought discipline and common sense to economic analyses of voting and representation. Yet his approach suffers, like that of other economists, from disciplinary provincialism and a singular devotion to econometrics as a research methodology. Political science offers alternative models and research methods that can enliven and deepen the political analyses of Peltzman and other economists.

Hope takes on a particularly important role in end of life situations. Sustaining hope can have considerable benefits for the quality of life and any prospect of a good death for the dying. However, it has proved difficult to adequately account for hope when dying, particularly in some of the more extreme end of life situations. Standard secular accounts of hope struggle to establish how the fostering of hope may be possible in such situations. This leads to a practical ethical (...) dilemma for those caring for the dying, the ‘paradox of hope’, whereby one can either help maintain the welfare of the dying by generating a misleading ‘false hope’ or maintain truthfulness and concede that hope is not possible. These two problems combine to leave individuals the prospect of dying in terrible circumstances facing only despair. To address this, I argue that we should look beyond standard intentional or dispositional accounts of hope in such cases and treat hope as a cluster concept. Rather than appeal to a unitary conception, what we precisely mean by ‘hope’ may therefore vary depending on the context of use. I outline an account of hope based on Marcel’s account of ‘absolute’ hope but offering an alternative, secular foundation based on solidarity that can explain how hope when dying in extreme circumstances is possible. Hence, where the more familiar accounts break-down in these circumstances, ‘hope talk’ may still be possible if it is seen as relying on this conception of hope. (shrink)

This book is an introduction to Islamic Philosophy, beginning with its Medieval inception, right through to its more contemporary incarnations. Using the language and conceptual apparatus of contemporary Anglo-American ‘Analytic’ philosophy, this book represents a novel and creative attempt to rejuvenate Islamic Philosophy for a modern audience. It adopts a ‘rational reconstructive’ approach to the history of philosophy by affording maximum hermeneutical priority to the strongest possible interpretation of a philosopher’s arguments while also paying attention to the historical context in (...) which they worked. The central canonical figures of Medieval Islamic Philosophy – al-Kindi, al-Farabi, Avicenna, al-Ghazali, Averroes – are presented chronologically along with an introduction to the central themes of Islamic theology and the Greek philosophical tradition they inherited. The book then briefly introduces what the author collectively refers to as the ‘Pre-Modern’ figures including Suhrawardi, Mulla Sadra, and Ibn Taymiyyah, and presents all of these thinkers, along with their Medieval predecessors, as forerunners to the more modern incarnation of Islamic Philosophy: Political Islam. (shrink)

Nietzsche, the so-called herald of the 'philosophy of the future', nevertheless dealt with the past on nearly every page of his writing. Not only was he concerned with how past values, cultural practices and institutions influence the present - he was plainly aware that any attempt to understand that influence encounters many meta-historical problems. This comprehensive and lucid exposition of the development of Nietzsche's philosophy of history explores how Nietzsche thought about history and historiography throughout his life and how it (...) affected his most fundamental ideas. Discussion of the whole span of Nietzsche's writings, from his earliest publications as a classical philologist to his later genealogical and autobiographical projects, is interwoven with careful analysis of his own forms of writing history, the nineteenth-century paradigms which he critiqued, and the twentieth-century views which he anticipated. The book will be of much interest to scholars of Nietzsche and of nineteenth-century philosophy. (shrink)

The quantum-mechanical description of the world, including human observers, makes substantial use of entanglement. In order to understand this, we need to adopt concepts of truth, probability and time which are unfamiliar in modern scientific thought. There are two kinds of statements about the world: those made from inside the world, and those from outside. The conflict between contradictory statements which both appear to be true can be resolved by recognising that they are made in different perspectives. Probability, in an (...) objective sense, belongs in the internal perspective, and to statements in the future tense. Such statements obey a many-valued logic, in which the truth values are identified as probabilities. (shrink)

Are there any logical norms for argument evaluation besides soundness and inductive strength? The paper will look at several concepts or models introduced over the years, including those of Wisdom, Toulmin, Wellman, Rescher, defeasible reasoning proponents and Walton to consider whether there is common ground among them that supplies an alternative to deductive validity and inductive strength.

Abstract I consider Paul Thompson’s Agrarian Vision from the perspective of the philosophy of technology, especially as it relates to certain questions about public engagement and deliberative democracy around food issues. Is it able to promote an attitudinal shift or reorientation in values to overcome the view of “food as device” so that conscientious engagement in the food system by consumers can become more the norm? Next, I consider briefly, some questions to which it must face up in order to (...) move closer in dismantling the barriers that inhibit the capacity for virtuous caretaking of the food system at various levels. Lastly, and more deeply, how successful might agrarianism be in inculcating citizenship values (ones that go beyond food ethics as a private affair), for the democratization of agricultural technologies? Might the Jeffersonian foundation to which the agrarianism (a la) Thompson appeals need something like a contemporary theory of justice in order to facilitate the reconstitution of our politico-moral selves? How can it help guide appropriate ruminations on the intra and intergenerational question, “What do we want the shape of our current and future social and political institutions to look like in relation to food?” Content Type Journal Article Category Articles Pages 1-10 DOI 10.1007/s10806-011-9339-x Authors Raymond Anthony, Department of Philosophy, University of Alaska Anchorage, Anchorage, AK 99508, USA Journal Journal of Agricultural and Environmental Ethics Online ISSN 1573-322X Print ISSN 1187-7863. (shrink)

Hind Swaraj is Mahatma Gandhi's fundamental work. Not only is it key to understanding his life and thoughts, but also the politics of South Asia in the first half of the twentieth century. Celebrating 100 years since Hind Swaraj was first published in a newspaper, this centenary edition includes a new Preface and Editor's Introduction, as well as a new chapter on 'Gandhi and the 'Four Canonical Aims of Life''. The volume presents a critical edition of the 1910 text of (...) Hind Swaraj, fully annotated and including Gandhi's own Preface and Foreword. Anthony J. Parel sets the work in its historical and political contexts and analyses the significance of Gandhi's experiences in England and South Africa. The second part of the volume contains some of Gandhi's other writings, including his correspondence with Tolstoy and Nehru. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Commentary on “Spiritual Experience and Psychopathology”Anthony Storr (bio)Many psychiatrists, including myself, are deeply dissatisfied with current psychiatric taxonomy. Grossly abnormal people like multiple murderers are often deemed sane in law, because they do not happen to exhibit the symptoms of recognized mental illnesses like schizophrenia or manic-depressive psychosis. In contrast, some of those who do exhibit such symptoms, and who therefore risk being labeled psychotic, cannot be considered (...) to be “ill,” and are in fact mentally robust. There is considerable overlap between experiences which psychiatrists call psychotic, and experiences which are generally called spiritual by those who have them.In order to illustrate this overlap, the authors quote three cases of people describing a variety of delusions and hallucinations which would certainly prompt the diagnosis of psychosis—usually some variety of schizophrenia—were it not for the fact that all three claimed that their experiences had been of considerable benefit to them.It is noteworthy that, in each case, the psychotic/spiritual experiences followed a period of stress. The first subject was threatened by legal action; the second had surmounted an episode of depression, but was questioning whether she could continue her career in business; the third was unemployed, in debt, and suspected that he had multiple sclerosis. The first subject developed both grandiose and religious delusions; but the revelations which he claimed were a sign of God’s special grace toward him enabled him to win his law case and set up a charitable institution. The second heard the voice of Jesus summoning her to work for him. She became convinced that she was specially gifted in various parapsychological fields, and became a religious counselor. As the authors point out, “Her experiences, if delusional and hallucinatory, were overwhelmingly positive in their content and fruits.” The third subject also experienced hallucinatory voices which were intensely reassuring, gave him new insight into the nature of reality, and guided his further progress. As a result, he believed that he had such support that “nothing in this world can worry me.” In each case, the psychotic experience proved to be a solution to the subject’s problem, rather than a breakdown ending in admission to a mental hospital. This raises a variety of intellectual problems.The authors suggest that psychotic phenomena may be good or bad, and label the good phenomena “spiritual” and the bad phenomena “pathological.” According to this point of view, psychotic experience need not be considered pathological, especially if consideration is given to the structure of values and beliefs professed by the individual concerned. [End Page 83]I am not happy with this distinction. I entirely agree that psychotic experience may be a solution to a subject’s problems; but whether it is considered spiritual or pathological depends partly upon the nature of the experience, and even more upon the social setting in which it occurs. A grandiose delusion that one is especially selected and addressed by God may cure the depression of someone who has so far considered himself a nonentity if it is accepted by others. In my study of gurus, Feet of Clay (1996), I make the point that a guru seeks disciples because they reinforce his delusions and may, in some instances, keep him out of hospital. Of the three cases described in this paper, the first told “various friends and ministers about them.” The second confided in her priest and was told that her experiences were authentic within their shared Christian belief system. The third did not apparently share his hallucinatory experience with friends; but, when he responded to the invitation to write to the Alister Hardy Research Centre, wrote, “It is fascinating to find I’m not on my own in this. I have naturally queried my own sanity, and generally don’t discuss it....”Medical diagnosis and psychiatric diagnosis are not strictly comparable. If I as a doctor find that X is suffering from diabetes, I can treat X as an isolated entity displaying symptoms and signs of a well-known disease. I cannot do this when X is displaying “psychotic” symptoms; for whether or not those symptoms are regarded as pathological depends upon the social setting in which they... (shrink)

The ability of medical science to clone and perhaps even predetermine characteristics of certain species conflicts dramatically with many claims of the religious establishment. Opening with a description of various developments in plant, animal, and human genetics, Made in Whose Image? highlights the progress genetic research has achieved, its future promise, and its social impact. The developments are analyzed from the perspective of Christian ethics, as expounded by Roman Catholic and Protestant theorists, to give an overview of crucial ethical issues. (...) In reviewing the advances of genetic research, noted religion and ethics professor Thomas A. Shannon covers general ethical themes, such as the value of life, materialism, freedom, individuality, the concept of nature, and health and disease. In addition, he discusses problems in genetic engineering and misconceptions of the church. Shannon explores prenatal diagnosis, gene therapy, genes and behavior, freedom and responsibility, and the Human Genome Project. The book concludes with a powerful and groundbreaking methodological discussion of how to approach ethical problems in genetic engineering. (shrink)