A review‐article of Julius Stone, Legal System and Lawyers' Reasonings, Stanford, University Press Herbert Wechsler, Principles, Politics and Fundamental Law, Harvard University Press H. L. A. Hart, The Concept of Law, Oxford University Press Richard A. Wasserstrom, The Judicial Decision, Toward a Theory of Legal Justification, Stanford University Press Judith N. Shklar, Legalism, Harvard University Press.

Book reviewed in this article: Suffering and the Beneficent Community: Beyond Libertarianism. By Erich H. Loewy. The Nature of Suffering and the Goals of Medicine. By Eric J. Cassell.

This is the first of two papers that use off-training set (OTS) error to investigate the assumption-free relationship between learning algorithms. This first paper discusses the senses in which there are no a priori distinctions between learning algorithms. (The second paper discusses the senses in which there are such distinctions.) In this first paper it is shown, loosely speaking, that for any two algorithms A and B, there are “as many” targets (or priors over targets) for which A has lower (...) expected OTS error than B as vice versa, for loss functions like zero-one loss. In particular, this is true if A is cross-validation and B is “anti-cross-validation” (choose the learning algorithm with largest cross-validation error). This paper ends with a discussion of the implications of these results for computational learning theory. It is shown that one cannot say: if empirical misclassification rate is low, the Vapnik-Chervonenkis dimension of your generalizer is small, and the training set is large, then with high probability your OTS error is small. Other implications for “membership queries” algorithms and “punting” algorithms are also discussed. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:War, Peace, and Reconciliation: A Theological Inquiry by Theodore R. WeberDavid H. MessnerWar, Peace, and Reconciliation: A Theological Inquiry Theodore R. Weber EUGENE, OR: WIPF & STOCK, 2015. 182 pp. $23.00Weber's book makes a helpful contribution to enlivening more theologically grounded strategies for peacemaking through reconciliation. It is a careful, systematic work that takes as its foundation a distinctively Christian view of [End Page 214] God's nature and (...) relation to the world. As a scholar and a pastor for over fifty years, Weber brings a much-needed, wise, and re-centered view to the questions entangled in war, peace, and reconciliation. He advises us not to look first into the realities of war for God, but to look to understand God as the context for all human conflict. He forcefully calls the reader to be a reconciler despite the intractability of conflict. The book is structured in three main parts, beginning with the theological context, then the political context, and, last, to peace, justice, and the church.The "war" that Weber addresses is interstate conflict, representing the negation of the web of relationships constituting a healthy international system. War disrupts God's plan and ruptures the right relationship between humanity and God (43–44). Throughout, Weber embraces a kind of Christian Realism, one that takes seriously the loving nature of God, the sinfulness of humanity, and the limits and possibilities for peacemaking in a human world. Downplaying the pacifistic message of Jesus, Weber highlights the necessities within a fallen world. We cannot eliminate war as a category of existence under the conditions of sin (until the eschaton), but with right orientation and action we can eliminate some war.Noting inadequacies of the just war tradition (though not dispensing with it), Weber identifies the need to ground it more firmly in theology, including enhanced attention to "just intention" as a primary criterion in evaluating the prosecution of war, displacing cause as the first question with which we must interrogate ourselves. Discernment about war and peace must be an ongoing conversation that should include people of faith as well as policymakers. Weber's theological and pastoral sensibilities, alongside his political savvy throughout, make the book a pleasurable and provocative read.The definition of reconciliation deployed is broad and complex, and Weber marshals it for powerful work. Reconciliation "is God's work—the movement of Divine grace through history, engaging all aspects of brokenness and promise and reaching its climax of fulfillment and disclosure in the life, death, and resurrection of Jesus Christ" (3). Grace continually calls humanity to enter into the work of reconciliation. Here Weber introduces the idea of relational power; more nuanced than mere substantive power, it connects to the core idea of institution building and the critical emphasis on strengthening the social fabric in the interest of peace. It is the hallmark of the reconciling transformation from systems of dominance to relationships of consent.The book raises questions regarding how to put reconciliation as described into concrete practice, responding to real cases and controversies. Also, there could be added discussion, against this theological backdrop, of what opportunities exist amid current US and global regime change to enter this reconciling activity more fully.Ultimately, the Christian context is central to understanding the ethics that Weber advances. Weber recommends a biblical foundation, one in which [End Page 215] we take the benefit of reading scripture backward from the Christ event. Such an exegetical strategy reveals that God has a plan for all of humanity, a vision of inclusiveness and reconciliation. It is from this vantage point of God's culminating vision, Weber illuminates, that we can understand and embrace human action throughout history and the meaningful, if incomplete, work of reconciliation to which we must commit ourselves, both politically and spiritually. [End Page 216]David H. MessnerEmory UniversityCopyright © 2018 Society of Christian Ethics... (shrink)

We present a conceptual framework on the experience of time and provide a coherent basis on which to base further inquiries into qualitative approaches concerning time experience. We propose two Time-Layers and two Time-Formats forming four Time-Domains. Micro-Flow and Micro-Structure represent the implicit phenomenal basis, from which the explicit experiences of Macro-Flow and Macro-Structure emerge. Complementary to this theoretical proposal, we present empirical results from qualitative content analysis obtained from 25 healthy participants. The data essentially corroborate the theoretical proposal. With (...) respect to Flow, the phenomenally accessible time experience appeared as a continuous passage reaching from the past through the present into the future. With respect to Structure, the individual present was embedded in the individual biography, emerging from past experiences and comprising individual plans and goals. New or changing plans and goals were being integrated into the existing present, thus forming a new present. The future appeared as changeable within the present, by means from the past, and therefore as a space of potential opportunities. Exemplarily, we discuss these results in relation to previous empirical findings on deviant experiences of time in Autism Spectrum Disorder that is presumably characterized by a breakdown of Flow and concomitant compensatory repetition resulting in an overly structured time. Finally, we speculate about possible implications of these findings both for psychopathological and neuroscientific research. (shrink)

As theorists, developers, and practitioners of the anticipatory governance of emerging technologies, we applaud Ankeny et al.’s...

Consensus conferences, also known as citizens’ panels—a collection of lay citizens akin to a jury but charged with deliberating on policy issues with a high technical content—are a potentially important way to conduct technology assessments, inform policy makers about public views of new technologies, and improve public understanding of and participation in technological decision making. The first citizens’ panel in the United States occurred in April 1997 on the issue of “Telecommunications and the Future of Democracy.” This article evaluates the (...) impact of this citizens’ panel. The standard criteria to evaluate the impact of analyses focus on the “actual impact” and on the “impact on general thinking.” To these standard criteria, this article introduces the evaluation of two impacts related to learning: impact on the training of knowledgeable personnel and the interaction with lay knowledge. The impact evaluation is based on a nearly comprehensive set of semistructured telephone interviews with the participants in the panel. (shrink)

This paper provides a new approach to inference to the best explanation based on a new coherence measure for comparing how well hypotheses explain the evidence. It addresses a number of criticisms of the use of probabilistic measures in this context by Clark Glymour, including limitations of earlier work on IBE. Computer experiments are used to show that the new approach finds the truth with a high degree of accuracy in hypothesis selection tasks and that in some cases its accuracy (...) is greater than hypothesis selection based on maximizing posterior probability. Hence, by overcoming some of the problems with the previous approach, this work provides a more adequate defence of IBE and suggests that IBE not only tracks truth but also has practical advantages over the previous approach. Applications of the new approach to parameter estimation and model selection are also explored. (shrink)

When is it _explanatorily_ better to adopt a conjunction of explanatory hypotheses as opposed to committing to only some of them? Although conjunctive explanations are inevitably less probable than less committed alternatives, we argue that the answer is not ‘never’. This paper provides an account of the conditions under which explanatory considerations warrant a preference for less probable, conjunctive explanations. After setting out four formal conditions that must be met by such an account, we consider the shortcomings of several approaches. (...) We develop an account that avoids these shortcomings and then defend it by applying it to a well-known example of explanatory reasoning in contemporary science. (shrink)

Based on Medicine as a human experience / David E. Reiser, David H. Rosen. c1984.

In several works on modality, G. H. von Wright presents tree structures to explain possible worlds. Worlds that might have developed from an earlier world are possible relative to it. Actually possible worlds are possible relative to the world as it actually was at some point. Many logically consistent worlds are not actually possible. Transitions from node to node in a tree structure are probabilistic. Probabilities are often more useful than similarities between worlds in treating counterfactual conditionals.

Midrash Genesis Rabbah takes aim at a variety of ideological adversaries, but the most subtle polemic is directed at sages who went beyond standard hermeneutical practices to embrace mystical approaches to Torah learning. This essay seeks to expose the use of satire and other literary forms of critique among passages treating cosmology and Torah study. Analytic tools developed by Pierre Bourdieu, especially as they pertain to exposing the use of the symbolic language intrinsic to the establishment of systems of social (...) authority, will be employed to delineate the ideological conflict among sages developing diverse approaches to ascending the religious hierarchy within early rabbinism. (shrink)

Midrash Genesis Rabbah takes aim at a variety of ideological adversaries, but the most subtle polemic is directed at sages who went beyond standard hermeneutical practices to embrace mystical approaches to Torah learning. This essay seeks to expose the use of satire and other literary forms of critique among passages treating cosmology and Torah study. Analytic tools developed by Pierre Bourdieu, especially as they pertain to exposing the use of the symbolic language intrinsic to the establishment of systems of social (...) authority, will be employed to delineate the ideological conflict among sages developing diverse approaches to ascending the religious hierarchy within early rabbinism. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Literature 25.2 (2001) 350-353 [Access article in PDF] Book Review The Ways of Naysaying: No, Not, Nothing, and Nonbeing, The Ways of Naysaying: No, Not, Nothing, and Nonbeing, by Eva T. H. Brann; xviii & 249 pp. Lanham, Md.: Rowman & Littlefield Publishers, 2001, $35.00. This, the third of Eva Brann's trilogy on imagination, time, and naysaying respectively, is described by one of her colleagues as her (...) "cradle-to-grave book" (p. xvi). The word "naysaying" plays felicitously on the sound of the English word "nay" and the cognate Indo-European root "ne," which gives Brann a convenient starting-point for discerning what various forms of naysaying have in common. Note that this is saying rather than thinking, being, or doing, although the relations among these acts are a recurring concern in her discussion. Unlike some "postmoderns," Brann does not regard language as a self-contained arena with no reference outside of itself. Rather, for her, language is a convenient medium for thinking about what is extralinguistic, whether in the mind or elsewhere.Nor does she think that a word must necessarily have some underlying unity beneath its various meanings. In fact, heeding Wittgenstein's warning, she admits that "it is a pathologically bad craving to want a word to have one ultimate meaning, worse to look for one meaning over many words, and worst to assume that such a meaning may apply to a something beyond the realm of language." Nevertheless, she suggests, "this craving to look for one truth behind many appearances may be simply irradicable, being nothing less than the philosophical impulse" (p. xiv).Where does her "philosophical impulse" focus, on texts or on things? She explicitly tells us that texts are indispensable (at least for her) to get very far with the things themselves (p. 2). And so, in the course of her investigation, she attends to Parmenides, Plato, Aristotle, Anselm, Kant, Fichte, Hegel, Bergson, Frege, Meinong, Russell, Whitehead, Dewey, Heidegger, and Wittgenstein, among others. Nonetheless, she begins by noticing a sort of willful denial that is pre-linguistic and "speechless" (the contrariness of an infant), and she ends with the nothingness that is void of all language and everything else. These two topics, expressed by the words "No" (Chapter One) and "Nothing" (Chapter Six) respectively, "frame" her inquiry (p. 42). Along the way she always has an eye to what lies behind or beyond language, in the world or in the mind, with a chapter each for "Not," "Nonexistence," "Nonbeing," and "Negativity." She [End Page 350] says that Chapter Four, concerning "Nonbeing," is the center and philosophic focus of her study. Brann's chapters thus represent the six big divisions for organizing her observations. Indeed, for Brann, the plurality of naysayings "seems to fall naturally" into her sixfold division (p. xiv).Thoughtfully pondering this structure takes the reader a long way toward understanding the work (in both senses of "work": the thought itself and the text which records that thought). The chapter divisions progress from the willful, through the logical, the imaginative, the philosophic, and the dialectical, to end, as we noted, in the absolute Nothing, the "antagonist of Being." For instance, the distinction between the first two--the willful and the logical--is the distinction between the personal (denial) and the impersonal (negation). In considering willful denial, Brann understands the will to be a "willingness, inclination, readiness"--usually "determinate," "focused and active" (p. 7). Likewise, negation also has a personal origin: "Negation arises from the human desire and ability to make distinctions; it is (most likely) grounded in the opposition and polarities that belong to beings (of which the first... is surely that of thinking itself to its object, be it ideal or real)" (p. 29f.). Thus, although logical negation seems to originate in the personal subject there is something quite detachable and impersonal about logical formulations, so that Heraclitus "bids people hear his truth 'not listening to me but to the logos,' the cosmic collecting and distinguishing power" (p. 128). So the logos that begins for us as "reason manifested in... (shrink)

The present paper intends to clear the way to considering all psychopathology as responses to failures in the human environment by examining three common sources of error in scientific reasoning about psychopathology: the false identification of "biological considerations" with the sub-interest of organic pathology, the idea that a person could be genetically predisposed or vulnerable to psychopathology, the failure to distinguish between causal forms of explanation and explanation based upon connections of meaning and significance. For convenience, the omnibus term "environmental (...) failure-oppression" is introduced to refer to the totality of possible failures in the human environment. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Provoking a ConversationDavid H. PorterLee T. Pearcy's The Grammar of Our Civility: Classical Education in America (Baylor University Press, Waco, Tex. 2005) is a book every classicist should read. Pearcy's focus is on the state of classics in our country today: where we are, how we got there, where we need to go. His book is wide-ranging, tightly argued, and carefully researched. Pearcy's assessment of the present state of (...) classics in America strikes me as overly bleak, but his analysis deserves our close attention. Chapters 1 and 2, which trace the history of classical studies in Europe and America since the Renaissance, are filled with valuable information and insights; chapter 3 dissects four interlinked arguments that, to Pearcy's thinking, explain the parlous state of classics today—and threaten its future survival; and chapter 4 offers thoughtful suggestions as to how classicists might respond to these challenges. I doubt that most readers will agree with all of Pearcy's analysis—I certainly do not—but I found his book consistently stimulating. He writes that his purpose is to provoke a conversation, not to solve a problem (118); it is a conversation that will benefit us all, and this book is a welcome and timely catalyst.Pearcy's starting point, and the theme to which he repeatedly returns, is what he identifies as an essential difference between classical studies in Europe (including Great Britain) and classical studies in America. To quote from Pearcy's account of Vittorino da Feltre, whom he sees as an architect of what we now call "liberal education," classical education was designed above all "to take those who would... rule and those who might be admitted to the governing class and to form their minds and souls in such a way that they would be the best rulers (8)... "Renaissance classical education... [was] designed to educate members of the governing class by exposing them to the best patterns of conduct, modes of thinking, and products of culture..." (9). In Europe this form of education made sense in that its presupposition of a governing class matched the social and political realities of the countries in question. In America, by contrast, the advent of democracy undermined the central assumptions of such education and threatened its relevance to our society: "The necessary openness of thought in a democracy has a consequence that is fatal to [End Page 595] the paradigm of classical liberal arts education. In a democratic society, the freedom and theoretical equality of all citizens make it necessary to avoid privileging any single set of beliefs or ideas" (23).Pearcy's hypothesis is thought-provoking, but it strikes me as overly neat. A quick glance at two individuals, one English, the other American, offers some corroboration and also raises some intriguing questions. Leonard Woolf majored in classics at St. Paul's School and Cambridge, and, though his origins were not "aristocratic," upon graduation he entered the ranks of the governing class as a civil servant in Ceylon. The progression matches Pearcy's model, and Woolf even comments on it in terms similar to those Pearcy uses: "The male members of the British aristocracy of intellect went automatically to the best public schools, to Oxford and Cambridge, and then into all the most powerful and respectable professions."1 By contrast, S. S. McClure, the American publisher, migrated from Ireland to the States at age nine as a virtual pauper, spent eight years putting himself through Knox College, and chose to major in classics for reasons similar to those Pearcy identifies as the basis for classical education: "During the years that he reads and studies Greek a boy gets certain standards that he uses all the rest of his life, long after he has forgotten grammar and vocabulary."2 Unlike Woolf, however, McClure found to his dismay that though he had graduated third in a class of thirty, his classical education did not open doors to a professional career: "I talked with other boys, and found that most of them had arranged for the immediate future. One classmate was going into his father's law office; another was going to enter his uncle's... (shrink)

The central text of this article is Thomas Reid’s response to Berkeley’s argument for distinguishing tangible from visual shape. Reid is right to hold that shape words do not have different visual and tangible meanings. We might also perceive shape, moreover, with senses other than touch and sight. As Reid also suggests, the visual perception of shape does not require perception of hue or brightness. Contrary to treatments of the Molyneux problem by H. P. Grice and Judith Jarvis Thomson, I (...) argue that breakdowns of a certain kind between tangible and visible shape are conceivable. (shrink)

Twenty-one paragraphs in this entry begin with a statement of a view about causation. To help organize the entry, the next sentence then classifies the view as 'prevailing, majority, controversial', or 'minority'. The following brief discussions attempt to be clear and fair. Respect for fairness, however, does not prevent the author from referring to his own views. For example, the author classifies "There is no element of genuine a priori reasoning in causal inference" as a majority view. After expounded the (...) central reasons for this majority view, he goes on to criticize these reasons. (shrink)

Suppose that Susan did not go to the movies. The reconciling project attempts to show that this plus Determinism does not imply that Susan could not have gone to the movies. The estranging project attempts to show the opposite. A counter‐entailment argument is of the form A is consistent with C, and C entails not‐B, therefore A does not entail B. An instance of the counter‐entailment arguments undermines a central argument for the reconciling project. Another instance undermines a central argument (...) for the estranging project. This is one symmetry. In each case, the natural response to the counter‐entailment argument begs the question. This is another symmetry. (shrink)

Critique of idealistic naturalism: methodological pollution in the main stream of American philosophy, by D. Riepe.--Ex nihilo nihil fit: philosophy's "starting point," by D. H. DeGrood.--An historical critique of empiricism, by J. E. Hansen.--Epilogue on Berkeley, by R. W. Sellars.--Mandala thinking, by A. Mackay.--An empirical conception of freedom, by E. D'Angelo.--Heidegger on the essence of truth, by M. Farber.--Minding as a material force, by H. L. Parsons.--The crisis of the 1890's and the shaping of twentieth century America, by R. B. (...) Carson.--Ideology, scientific philosophy, and Marxism, by J. Somerville.--Marx and critical scientific thought, by M. Marković.--Experimentalism extended to politics, by E. Guevara.--The unity of opposites: a dialectical principle, by V. J. McGill and W. T. Parry.--A need definition of "value," by R. Handy.--Alienation and social action, by A. Schaff.--Naturalism in the Tao of Confucius and Lao Tzu, by D. H.-F. Poe.--Bibliography (p. 260-269). (shrink)

In this paper, I develop a model of personal justification that is rooted in the intellectual virtues and the concept of epistemic praise. In particular, I show how a character-based understanding of the virtues gives rise to an important emphasis on agents and how this provides the resources for dealing with several problems in epistemology.

In 1846 the Belgian scientist François Donny published a very important but still virtually unknown paper. Apparently the first publication on the ability of liquids to withstand tension, it appeared some four years before Marcelin Berthelot's famous paper on this property of liquids. It seems only fair to record the fact that, contrary to accepted belief, Donny, not Berthelot, was really the first pioneer in this field. In his paper Donny describes how he first observed by chance the fact that (...) a column of sulphuric acid in a manometer could sustain a small tension. This led him to investigate the matter further, and he found that a column of this acid could stand a tension of about a quarter of an atmosphere. From later experiments he concluded that a column of water could sustain at least one atmosphere of tension. The work described in Donny's paper is discussed and compared with the related work of Marcelin Berthelot and Osborne Reynolds which was published later in the nineteenth century. The relevance of this to current research work is also discussed briefly. (shrink)