This article considers the principles that ought to be used to determine the scope and content of contract law's «default rules», the rules that will, in the absence of express exclusion, govern parties» contractual relationships. It examines three, ostensibly competing, approaches discussed in the literature: that defaults be grounded in the subjective consent of contracting parties, in the customs and norms immanent within the parties» community, and in the value of economic efficiency. It argues that each has something of value (...) to tell us about default rules, but that none can, in isolation, offer a wholly compelling prescription for their design. Rather, the best such prescription must be an eclectic one, drawing something from all three accounts, but varying to reflect the institution promulgating the default. Where defaults are promulgated legislatively, the case for choosing rules that will promote efficiency is a strong one, and the main criticism of efficiency analysis is shown, in this particular context, to be misguided. Where, however, defaults are promulgated adjudicatively—in the context of settling individual cases—the normative appeal of efficiency is much reduced. The article, then, criticizes efficient adjudicative defaults against their defenders, whilst defending efficient legislative defaults against their critics. (shrink)

In an examination of the psychological aspect of passing, this essay challenges Sandy Stone's conceptualization and subsequent request for transsexuals to forego the act. Employing an auto-ethnographical approach, this essay contends that considering the “psychic” dimensions of passing requires different, and more hopeful, articulations about transsexual bodies, such that gendered and racialized transsexual bodies are produced not simply in terms of social reading and physical embodiment, but also through psychic affirmation and disavowal.

Ghostwriting is viewed by some as a necessary element for crafting an effective public image. Defenders of ghostwriting see no ethical dilemma in the practice because the audience knows the speechgiver is not necessarily the speechwriter. Alernatively, those regarding ghostwriting as unethical view the practice as deceitful. This group argues that the audience does not recognize the employment of a speechwriter and thus a speechgiver relies on the words of another to fortify personal ethos. This article examines several positions regarding (...) the ethics of ghostwriting and discusses an empirical study testing three major positions found in ghostwriting literature. Findings from the study indicate that respondents do recognize the use of speechwriters by certain individuals in certain circumstances. (shrink)

German philosopher Martin Heidegger stirred educators when in 1951 he claimed teaching is more difficult than learning because teachers must ‘learn to let learn’. However in the main he left the aphorism unexplained as part of a brief four-paragraph, less than two-page set of observations concerning the relationship of teaching to learning; and concluded at the end of those observations that to become a teacher is an ‘exalted matter’. This paper investigates both of Heidegger's claims, interpreting letting learn in the (...) context of Heidegger's larger philosophical project, and suggesting why in light of that project to become a teacher is an exalted concern. The methodology guiding the inquiry is largely hermeneutic, the purpose of the essay to interpret teaching from a Heideggerian perspective: its nature and general method. (shrink)

We believe the dichotomy of processes introduced in the target article is highly speculative, because the dichotomy is shaped by the questionable assumption of modularity and the complementary assumption of locality. As a result, the author falls into a line of circular reasoning that biases his analysis of the experimental and neuropsychological data, and weakens the proposed model.

We report on an unpublished and previously unknown manuscript of John von Neumann and contextualize it within the development of the theory of shock waves and detonations during the nineteenth and twentieth centuries. Von Neumann studies bombs comprising a primary explosive charge along with explosive booster material. His goal is to calculate the minimal amount of booster needed to create a sustainable detonation, presumably because booster material is often more expensive and more volatile. In service of this goal, he formulates (...) and analyzes a partial differential equation-based model describing a moving shock wave at the interface of detonated and undetonated material. We provide a complete transcription of von Neumann’s work and give our own accompanying explanations and analyses, including the correction of two small errors in his calculations. Today, detonations are typically modeled using a combination of experimental results and numerical simulations particular to the shape and materials of the explosive, as the complex three dimensional dynamics of detonations are analytically intractable. Although von Neumann’s manuscript will not revolutionize our modern understanding of detonations, the document is a valuable historical record of the state of hydrodynamics research during and after World War II. (shrink)

Introduction The General Medical Council stipulates that doctors must be competent professionals, not merely scholars and practitioners. Medical school curricula should enable students to develop professional values and competencies. Additionally, medical schools are moving towards integrated undergraduate curricula, Cardiff's C21 being one such example. Methods We carried out an audit to determine the extent to which C21 delivers GMC professionalism competencies, and a student questionnaire to explore student perspective on ethics and professionalism. Results and discussion C21 delivers explicit or implicit (...) teaching for all major GMC competencies, though some missed opportunities remain. The questionnaire responses showed that most students value ethics and professionalism teaching, and that it is most well received when delivered in a variety of ways and contexts throughout the curriculum. We also note that some respondents confuse ethics and professionalism with the policing of student behaviour. Conclusions C21 and curricula like it offer many opportunities for nurturing ethically and professionally competent physicians. Students appear to value this, though there remains confusion between medical school discipline and ethics and professionalism which needs further explication. (shrink)

Progressive supranuclear palsy is a movement disorder with prominent tau neuropathology. Brain diseases with abnormal tau deposits are called tauopathies, the most common of which is Alzheimer's disease. Environmental causes of tauopathies include repetitive head trauma associated with some sports. To identify common genetic variation contributing to risk for tauopathies, we carried out a genome-wide association study of 1,114 individuals with PSP and 3,247 controls followed by a second stage in which we genotyped 1,051 cases and 3,560 controls for the (...) stage 1 SNPs that yielded P ≤ 10-3. We found significant previously unidentified signals associated with PSP risk at STX6, EIF2AK3 and MOBP. We confirmed two independent variants in MAPT affecting risk for PSP, one of which influences MAPT brain expression. The genes implicated encode proteins for vesicle-membrane fusion at the Golgi-endosomal interface, for the endoplasmic reticulum unfolded protein response and for a myelin structural component. © 2011 Nature America, Inc. All rights reserved. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Little Eternities: Henry James’s Horatian Sense of Time KATHLEEN RILEY Summer’s lease hath all too short a date. —Shakespeare, Sonnet 18 On a visit to Bodiam Castle in Sussex in 1908, Henry James remarked to Edith Wharton: “Summer afternoon—summer afternoon; to me those have always been the two most beautiful words in the English language.”1 The potency of those two words derives from their immediate evocation of an (...) arrested moment between the day’s halcyon perfection and its imminent dying fall. Small wonder that those same words were later used to mythologize an Edenic Edwardian England poised on the brink of war, to preserve in aspic the fancy of a gilded innocence and order, and the promise of “blue remembered hills,”2 careless of the teeming, tumultuous reality of an England already in the shadow of the Tree of Knowledge. James’s masterpiece of 1881, The Portrait of a Lady, begins with a luxuriously redolent depiction of a summer afternoon, of the hours before dusk that constitute a pleasurable little eternity, of the languorous rhythms and rituals of what Disraeli called “the sustained splendour of [a] stately life.”3 Under certain circumstances there are few hours in life more agreeable than the hour dedicated to the ceremony known as afternoon tea. There are circumstances in which, whether you partake of the tea or not—some people of course never do,—the situation is in itself delightful. Those that I have in mind in beginning to unfold this simple history offered an admirable setting to an innocent pastime. The implements of the little feast had been disposed upon the lawn of an old English country-house, in what I should arion 27.1 spring/summer 2019 call the perfect middle of a splendid summer afternoon. Part of the afternoon had waned, but much of it was left, and what was left was of the finest and rarest quality. Real dusk would not arrive for many hours; but the flood of summer light had begun to ebb, the air had grown mellow, the shadows were long upon the smooth, dense turf. They lengthened slowly, however, and the scene expressed that sense of leisure still to come which is perhaps the chief source of one’s enjoyment of such a scene at such an hour. From five o’clock to eight is on certain occasions a little eternity; but on such an occasion as this the interval could be only an eternity of pleasure.4 This passage, it strikes me, is essentially Horatian in its Epicurean delight in the passing moment. For the Augustan poet Horace, this delight, which is intrinsically elegiac, is expressed in the sympotic pleasures of wine and friendship, in the freedom aestivam sermone benigno tendere noctem (“to prolong the summer night with genial conversation,” Epistles i.5.11). For Henry James, it rests in “the ceremony known as afternoon tea,” in the lengthening shadows on an English lawn by “the reedy, silvery Thames” (PL 32). In both cases the evanescence of these simple pleasures is deeply felt and pleasure itself heightened by an undertone of melancholy, by a nostalgic apprehension of the present. LOCI AMOENI in his review of Augustus J. C. Hare’s Days near Rome (1875), Henry James commented: “The smallest pretext for quoting from Horace—the most quotable of the ancients— should always be cultivated.”5 His own facility for quoting from Horace was evident from his earliest published works, and belied an “extraordinarily haphazard and promiscuous” education shuttling, at his father’s restless instigation, between New England, Britain and Continental Europe.6 James’s biographer, Leon Edel, recorded the family legend that William James (Henry’s Irish grandfather), “who was eighteen in 1789, when he set foot in the New World, 22 little eternities brought with him a ‘very small sum of money,’ a Latin grammar and a desire to visit the fresh battlefields of the Revolutionary War.”7 Young Henry’s instruction in Latin grammar seems to have begun in the Old World, under a private tutor in London in 1855, a Scotsman named Robert Thomson who later ran a small school in Edinburgh attended by Robert Louis Stevenson. It... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:BOOK REVIEiWS 701 Theological Investigations XXI: Science and Christian Faith. By KARL RAHNER. Translated by Hugh M. Riley. New York: Crossroad, 1988. Pp. 279. $29.95 (hard bound). Volume XXI of Theological Investigations is the translation of the first three sections of Volume XV of Schriften zur Theologie, which was published in 1983 by Benziger Verlag. The appearance of the volume was somewhat of a surprise since in 1980, (...) when Volume XIV was published, Rahner had assured the readers that in all probability it would be the last volume of the series, which together with the index volume amounts to some 7500 pages-long enough, as Rahner puts it, for. (shrink)

Coady explores the challenges that morality poses to politics. He confronts the complex intellectual tradition known as realism, which seems to deny any relevance of morality to politics, especially international politics. He argues that, although realism has many serious faults, it has lessons to teach us: in particular, it cautions us against the dangers of moralism in thinking about politics and particularly foreign affairs. Morality must not be confused with moralism: Coady characterizes various forms of moralism and sketches their distorting (...) influence on a realistic political morality. He seeks to restore the concept of ideals to an important place in philosophical discussion, and to give it a particular pertinence in the discussion of politics. He deals with the fashionable idea of "dirty hands," according to which good politics will necessarily involve some degree of moral taint or corruption. Finally, he examines the controversial issue of the role of lying and deception in politics. Along the way Coady offers illuminating discussion of historical and current political controversies. This lucid book will provoke and stimulate anyone interested in the interface of morality and politics. (shrink)

Recent epistemology has been notable for an emphasis, or a variety of emphases, upon the social dimension of knowledge. This has provided a corrective to the heavily individualist account of knowledge previously holding sway. It acknowledges the ways in which an individual is deeply indebted to the testimony of others for his or her cognitive endowments, both with respect to capacities and information. But the dominance of the individualist model was connected with a concern for the value of cognitive autonomy. (...) It is unclear how due recognition of the social dimension can allow for this value. It is argued here that there are ways of construing intellectual autonomy that not only can make it consistent with these new emphases but also respect its status as an epistemic concept. The author’s approach is contrasted with Alvin Goldman’s recent development of an approach to social knowledge via the idea of maximising truths. This seems to leave insufficient scope for intellectual character and autonomy. So concepts of independence, mastery, intellectual self-creation and intellectual integrity are explored in order to develop a perspective on cognitive autonomy adequate to the insights of social epistemology.Author Keywords: Autonomy; Testimony; Ideals; Epistemology; Mackie; Goldman. (shrink)

Linda Zagzebski’s book on epistemic authority is an impressive and stimulating treatment of an important topic. 1 I admire the way she manages to combine imagination, originality and argumentative control. Her work has the further considerable merit of bringing analytic thinking and abstract theory to bear upon areas of concrete human concern, such as the attitudes one should have towards moral and religious authority. The book is stimulating in a way good philosophy should be -- provoking both disagreement and emulation. (...) I agree with much of what she says, and have been instructed by it, but it will be of more interest and relevance here if I concentrate upon areas of disagreement. Perhaps they are better seen as areas, at least some of them, where her emphases suggest a position that seems to me untenable, but that she may not really intend. In that event, I will be happy to have provoked a clarification or the dispelling of my misunderstanding. My focus will be upon problems in her account of communal authority and autonomy, especially with respect to religious and political authority. Here my worry is that she places too much trust in trust and not enough in what I call selective mistrust. (shrink)

When Huck Finn embarks upon his hilarious education of the slave Jim in the moral vagaries of the monarchies of Europe, he takes himself to be propounding the merest common sense. He may have thought large‐scale villainy restricted to autocracies, but his creator was clearly not so naive. More to the present point, Huck ends his discourse on princely rule with remarks that show he was not merely cataloguing the fact of widespread royal vice, but willing to countenance it as (...) necessary. As he puts it, ‘kings is kings, and you got to make allowances. Take them all around, they're a mighty ornery lot’. (shrink)

The “asymmetry myth” is that war crimes are committed by one's enemies but never, or hardly ever, by one's own combatants. The myth involves not only a common failure to acknowledge our own actual war crimes but also inadequate reactions when we are forced to recognize them. It contributes to the high likelihood that wars, just or unjust in their causes, will have a high moral cost. This cost, moreover, is a matter needing consideration in the jus ante bellum circumstances (...) of preparedness for war as well as of conduct within it. As part of the symposium on Ned Dobos's book, Ethics, Security, and the War-Machine, I will argue that the strength of the asymmetry myth is sustained by certain forms of romantic nationalism linked to the glamorization of military endeavor. (shrink)

The sporadic nature of Alzheimer's disease argues for an environmental link that may drive AD pathogenesis; however, the triggering factors and the period of their action are unknown. Recent studies in rodents have shown that exposure to lead during brain development predetermined the expression and regulation of the amyloid precursor protein and its amyloidogenic beta-amyloid product in old age. Here, we report that the expression of AD-related genes [APP, BACE1 ] as well as their transcriptional regulator were elevated in aged (...) monkeys exposed to Pb as infants. Furthermore, developmental exposure to Pb altered the levels, characteristics, and intracellular distribution of Abeta staining and amyloid plaques in the frontal association cortex. These latent effects were accompanied by a decrease in DNA methyltransferase activity and higher levels of oxidative damage to DNA, indicating that epigenetic imprinting in early life influenced the expression of AD-related genes and promoted DNA damage and pathogenesis. These data suggest that AD pathogenesis is influenced by early life exposures and argue for both an environmental trigger and a developmental origin of AD. (shrink)

Any attempt to justify war in the fashion of just war theories risks underestimating its morally problematic nature. This becomes clear if we ask how the individual soldier or citizen is supposed to use just war theory in his own thinking. Michael Walzer's recent book, Just and Unjust Wars, illustrates the problem nicely. Walzer's view is that whether a state is justified in going to war is not a matter for the citizen to judge, and with regard to the way (...) the war is conducted the individual soldier can have only minimal moral responsibility for what is done. Walzer's position is criticized in detail and the conclusion drawn that such an understanding of just war theory undermines the theory's significance as a moral outlook on war. It is also argued that a more pertinent version of just war theory must have strong implications for social change. (shrink)

abstract This paper aims to gain a deeper understanding of the different forms of moralism in order to throw light upon debates about the role of morality in international affairs. In particular, the influential doctrine of political realism is reinterpreted as objecting not to a role for morality in international politics, but to the baneful effects of moralism. This is a more sympathetic reading than that usually given by philosophers to the realist doctrines. I begin by showing the ambiguity and (...) elusiveness of realist claims about morality in politics and then distinguish six forms of moralism, understood as a distortion of genuine morality: moralism of scope, of imposition, of abstraction, of absolutism, of inappropriate explicitness, and of deluded power. I argue that most of these are relevant to typical realist claims and can make their objections more plausible. But, though realists can be interpreted as rightly drawing attention to the dangers of moralism in international and national affairs, their conflation of moralism with morality wrongly leads them to an exaltation of the pursuit of national interest and to the rejection of policies and judgements that are not in fact moralistic. (shrink)

The concept of conscience continues to play a central role in our ethical reasoning as well as in public and philosophical debate over medical ethics, religious freedom, and conscientious objection in many fields, including war. Despite this continued relevance the nature of conscience itself has remained a relatively neglected topic in recent philosophical literature. In this paper I discuss some historical background to the concept and outline the essential features required for any satisfactory account of conscience and its significance for (...) a coherent moral psychology. It will become clear that conscience is a complex concept resisting reduction to any one of its component features. In doing so I critique recent accounts of conscience which have been insufficiently attentive to these complexities and as a consequence have drawn mistaken conclusions about the legitimate role of conscience in moral reasoning. I also discuss the significance of various distortions of conscience such what I call “the fanaticised conscience”. Clarifying our concept of conscience helps us avoid both conceptual confusion in moral psychology and misapplications of the concept in our understanding of conscientious objection both theoretically and in practice. (shrink)

Recent controversy over philosophical advocacy of infanticide (or the comically-styled euphemism ‘postnatal abortion’) reveals a surprisingly common premise uniting many of the opponents and supporters of the practice. This is the belief that the moral status of the early fetus or embryo with respect to a right to life is identical to that of a newly born or even very young baby. From this premise, infanticidists and strong anti-abortionists draw opposite conclusions, the former that the healthy newly born have no (...) inherent right to life and the latter that minute embryos and the very early fetus have the same right to life as young babies. (Indeed strong anti-abortionists tend to regard this right to life as identical to that possessed by adult humans.) This paper argues that these opposed conclusions are both deeply implausible and that the implausibility resides in the common premise. The argument requires some attention to the structure of the philosophical case underpinning the supposed vice of speciesism that has been given intellectual currency by many philosophers, most notably Peter Singer, and also to the reasoning behind the strong anti-abortionist adoption of the common premise. (shrink)

This essay characterises applied philosophy of religion as a certain sort of engagement with what religion means in the private and public lives of its practitioners. After emphasising continuities with the past, such as Hume's critique of miracles and Hobbes and Spinoza's discussions of scriptural meanings, it then discusses John Cottingham's recent work on spirituality and religious sensibility, followed by a section on new explorations of religious epistemology citing Linda Zagzebski's work on individual and communal epistemic authority, and Leonore Stump's (...) elaboration of a form of non‐propositional knowledge gained from narrative. Debates about the role of religion in liberal democratic politics are then addressed, with special attention to the contentious idea of a religion‐free “secular” or “public” reason as advocated respectively by Robert Audi and John Rawls. The significance of interdisciplinary input for dispelling religious stereotypes leads to a discussion of common gaps between proclamations of religious leaders and the sincere religious beliefs of their flocks. A section follows on the complex idea of religious experience, before the essay concludes with an account of relevant issues in religious ethics. (shrink)

To what extent should scientists, doctors and the community be constrained in their decision-making by a duty to posterity? How should we as a community balance our desire to benefit the present generation against the need not to irretrievably harm our successors? These questions are discussed with particular reference to genetic research and treatment that may have great potential for people suffering from genetic disease but may cause inherited changes in future generations, either deliberately or inadvertently. We conclude that the (...) community should take account of the interests of its successors but this should not immobilise us in the decisions we make for the present. (shrink)

Dietrich Bonhoeffer's thinking about ethics and Christianity is a fascinating attempt to combine different, and often conflicting, strands in the Christian intellectual tradition. In this article, I outline his thinking, analyse the advantages and disadvantages in his approach, and relate it to developments in contemporary philosophy. His critique of an excessive stress upon principles and abstraction in opposition to a concern for concrete circumstances is, I argue, best seen as a necessary critique of what I call moralism rather than morality. (...) It is also related to recent philosophical theories of particularism and the debates about ‘emergency ethics’ in current philosophy. On the negative side, Bonhoeffer has a tendency to treat non-Christian ethics as necessarily relativist and at times is excessively influenced by the elements in Christian theological tradition that are hostile to the natural and to non-Christian philosophy. In addition, his invocation of ‘the Divine mandates’ seems to have undesirable implications for some genuine values in liberal democratic theory and practice. (shrink)

Peter Geach supports his case that the religion of Thomas Hobbes was both genuine and a version of Socinianism principally by comparing the theological and scriptural sections of Leviathan with the main doctrines of Socinianism and its latter-day developments in Unitarianism and Christadelphianism. He pays particular attention to comparisons with the Racovian Catechism, the theological writings of Joseph Priestley and the Christadelphian document Christendom Astray by Robert Roberts.

This chapter contains sections titled: The Just War: Jus ad Bellum The Jus in Bello Terrorism.