El artículo da cuenta que la historia constitucional chilena se encuentra vinculada a las nociones de orden y estabilidad. Esta situación se manifiesta de manera particular en la Constitución de 1980, fruto del régimen de un gobierno de facto que implantó un sistema constitucional fundado en una comprensión liberal de la democracia, la cual se fundamenta y se legitima por su uso. Se apuesta por una reforma a la Carta, la que actualmente opera fuera de los fines de toda Constitución, (...) restringiendo la participación ciudadana. Particular atención merecen las manifestaciones que tienen lugar hoy y que reflejan cómo el régimen constitucional impide poner sobre la mesa de discusión con el Gobierno un ideal de educación que abandone una democracia instrumental y que recoja principios republicanos. (shrink)

El artículo da cuenta que la historia constitucional chilena se encuentra vinculada a las nociones de orden y estabilidad. Esta situación se manifiesta de manera particular en la Constitución de 1980, fruto del régimen de un gobierno de facto que implantó un sistema constitucional fundado en una comprensión liberal de la democracia, la cual se fundamenta y se legitima por su uso. Se apuesta por una reforma a la Carta, la que actualmente opera fuera de los fines de toda Constitución, (...) restringiendo la participación ciudadana. Particular atención merecen las manifestaciones que tienen lugar hoy y que reflejan cómo el régimen constitucional impide poner sobre la mesa de discusión con el Gobierno un ideal de educación que abandone una democracia instrumental y que recoja principios republicanos. (shrink)

Rejecting judicial supremacy in constitutional interpretation, this paper argues that understanding the interpretation of constitutions to be a solely legal and judicial undertaking excludes citizens from such activity. The paper proffers a two-pronged classification of analyses of constitutional interpretation. Implicit accounts discuss interpretation without reflecting on whether such activity can or should be performed by non-judicial institutions as well. Explicit accounts ask whether interpretation of constitutions is a matter to be dealt with by courts and answer affirmatively. I criticise both (...) camps. Implicit accounts fail to explain why constitutional interpretation is purely judicial in character. Explicit accounts do not provide enough reasons why the judiciary is allegedly the ideal institution to give constitutions meaning with final authority, both in instrumental and normative terms. The paper closes by suggesting avenues for future research. (shrink)

Por medio del rechazo a la supremacía judicial en la interpretación constitucional, este artículo argumenta que entender la interpretación de una constitución como un práctica estrictamente legal y judicial, excluye a la ciudadanía de dicha actividad. El artículo ofrece una clasificación de análisis de interpretación constitucional. Primero, las tesis implícitas discuten sobre la interpretación sin reflexionar sobre si dicha actividad puede ser también llevada a cabo por instituciones no judiciales. Segundo, las tesis explícitas cuestionan si la interpretación constitucional es un (...) asunto que ha de ser tratado por los tribunales, y responden afirmativamente. Crítico ambos grupos de argumentos. Las tesis implícitas no explican porqué la interpretación constitucional es de naturaleza puramente judicial. Las tesis explícitas no justifican suficientemente por qué la judicatura es la institución ideal para dotar de significado final a la constitución de manera autoritativa, tanto en términos instrumentales como normativos. Finalizo sugiriendo caminos para investigaciones futuras. (shrink)

Estas páginas reseñan uno de los últimos libros de Roberto Gargarella. La obra, un diagnóstico de los problemas estructurales y normativos del constitucionalismo latinoamericano, abre debates centrales para las reformas de los sistemas políticos y jurídicos de la región, al tiempo que ofrece un ideal regulativo propio hacia donde dichas reformas deban dirigirse: el del derecho entendido como una conversación entre iguales. En el marco de la exposición de dichos argumentos se muestra los principales méritos del libro. Se agregan algunas (...) consideraciones críticas relativas a la forma en que el ideal de la conversación entre iguales articula las relaciones entre las instituciones representativas y la ciudadanía. Hacia el final se destaca la reflexión a la que incita La derrota del derecho en América Latina. (shrink)

The article elaborates an original intertwined reading of republican theory, deliberative democracy and political equality. It argues that republicans, deliberative democrats and egalitarian scholars have not paid sufficient attention to a number of features present in these bodies of scholarships that relate them in mutually beneficial ways. It shows that republicanism and deliberative democracy are related in mutually beneficial ways, it makes those relations explicit, and it deals with potential objections against them. Additionally, it elaborates an egalitarian principle underpinning the (...) resulting model that I label Equality of Access and Deliberation. The upshot of these considerations is a novel and mutually reinforcing interrelated three-tiered theoretical and institutional proposal. (shrink)

Legal scholars generally consider the theorisation and constitutionalisation of constitutional interpretation as a matter for the courts. This article first challenges this tendency on conceptual grounds, showing that no institutional commitment follows from the nature of interpretation in law, constitutional law included. It then provides guidance for thinking about institutional perspectives according to two criteria: the nature and normative strength of the sources interpreted and the capacity of the interpreter to include and consider every possibility affected when her interpretation carries (...) collective effects and is authoritatively final. The application of these criteria places the discussion on the grounds of democratic theory. The article thus reviews competing democratic theories and champions deliberative democracy as the alternative whose constitutive features best allow for the development of institutions capable of exercising constitutional interpretation when the imposition of meaning on the constitution is final and carrieserga omneseffects. (shrink)

Courts do many good things. Judges carefully consider individual claims and arguments,1 and contrast them against the law in light of evidence. Their decisions are argued for, are public, and can be contested in form and content in different hierarchical stages. Additionally, and among other things, these practices are said to contribute to the will-formation of the public sphere and improve the quality of the legislative process.2.

This article analogises political representation to legal interpretation. It then applies the analogy to the hitherto neglected question of what political representation means for deliberative constitutionalism. The upshot is a conception of deliberative constitutionalism that, while uncompromisingly grounded in the reasoned expression of the preferences of a polity's constituents through deliberative democratic institutional innovations, mandates representatives to translate those preferences into general and abstract constitutional law. It thus enhances the deliberative contribution of citizens in the determination of constitutional meaning, while (...) preserving the value of representative institutions. (shrink)

We lack analyses of the judiciary from a systemic perspective. This article thus examines arguments offered by deliberativists who have reflected about this institution and argues that the current state of deliberative democracy requires us to rethink the ways they conceive of the judiciary within a deliberative framework. After an examination of these accounts, I define the deliberative system and describe the different phases deliberative democracy has gone through. I then single out elements common to all systemic approaches against which (...) I test whether the regard that the authors show for the judiciary in deliberative terms can be maintained and argue in the negative. I conclude by pointing at the necessity to think about the definition of deliberative systems, and to the value of these discussions for debates on the legitimacy of judicial review when it is exercised under the form of judicial supremacy. (shrink)

Champions of systemic approaches to deliberative democratic theory consider that deliberative systems serve sundry functions. Whether guaranteeing political freedom should be one of those functions has not been explored in the scholarly literature. This article thus examines which conceptions of freedom underpin systemic approaches to deliberative democracy. I explore and circumscribe the analysis to two prominent options: freedom as absence of interference and freedom as non-domination. The answer to which of these alternatives best serves as a function of the deliberative (...) system hinges on the previous question of whether holistic evaluations of systemic deliberative performance are to be endorsed. The article then argues that holistic evaluations are only compatible with freedom as non-interference. By contrast, freedom as non-domination is incompatible with holism. I then provide reasons for endorsing freedom as non-domination and, by implication, to reject holistic systemic evaluations. (shrink)

Constitutionalists and deliberative democrats show increasing interest in deliberative constitutionalism. They seek to reconcile two prima facie conflicting camps in legal and political philosophy:...

The generation of evidence is integral to the work of public health and health service providers. Traditionally, ethics has been addressed differently in research projects, compared with other forms of evidence generation, such as quality improvement, program evaluation, and surveillance, with review of non-research activities falling outside the purview of the research ethics board. However, the boundaries between research and these other evaluative activities are not distinct. Efforts to delineate a boundary – whether on grounds of primary purpose, temporality, underlying (...) legal authority, departure from usual practice, or direct benefits to participants – have been unsatisfactory. (shrink)

BackgroundThe amount of research utilizing health information has increased dramatically over the last ten years. Many institutions have extensive biobank holdings collected over a number of years for clinical and teaching purposes, but are uncertain as to the proper circumstances in which to permit research uses of these samples. Research Ethics Boards (REBs) in Canada and elsewhere in the world are grappling with these issues, but lack clear guidance regarding their role in the creation of and access to registries and (...) biobanks.MethodsChairs of 34 REBS and/or REB Administrators affiliated with Faculties of Medicine in Canadian universities were interviewed. Interviews consisted of structured questions dealing with diabetes-related scenarios, with open-ended responses and probing for rationales. The two scenarios involved the development of a diabetes registry using clinical encounter data across several physicians' practices, and the addition of biological samples to the registry to create a biobank.ResultsThere was a wide range of responses given for the questions raised in the scenarios, indicating a lack of clarity about the role of REBs in registries and biobanks. With respect to the creation of a registry, a minority of sites felt that consent was not required for the information to be entered into the registry. Whether patient consent was required for information to be entered into the registry and the duration for which the consent would be operative differed across sites. With respect to the creation of a biobank linked to the registry, a majority of sites viewed biobank information as qualitatively different from other types of personal health information. All respondents agreed that patient consent was needed for blood samples to be placed in the biobank but the duration of consent again varied.ConclusionParticipants were more attuned to issues surrounding biobanks as compared to registries and demonstrated a higher level of concern regarding biobanks. As registries and biobanks expand, there is a need for critical analysis of suitable roles for REBs and subsequent guidance on these topics. The authors conclude by recommending REB participation in the creation of registries and biobanks and the eventual drafting of comprehensive legislation. (shrink)

Ralph Waldo Emerson is one of the most significant figures in nineteenth-century American literature and culture-indeed, this collection argues, in the history of philosophy. The Other Emerson is a thorough reassessment of the philosophical underpinnings, theoretical innovations, and ethical and political implications of the prose writings of one of America's most enduring thinkers. Considering Emerson first and foremost as a daring and original thinker, _The Other Emerson_ focuses on three Emersonian subjects-subjectivity, the political, and the nature of (...) philosophy-and range in topic from Emerson's relationships to slavery and mourning to his place in the development of Romanticism as reread by contemporary systems theory. It is Emerson's appreciation of truth's instability that link him to the European philosophical tradition. Contributors: Eduardo Cadava, Princeton U; Sharon Cameron, Johns Hopkins U; Russell B. Goodman, U of New Mexico; Paul Grimstad, Yale U; Eric Keenaghan, U at Albany, SUNY; Gregg Lambert, Syracuse U; Sandra Laugier, Université de Picardie Jules Verne; Donald Pease, Dartmouth College. (shrink)

There are broad commonalities between the projects of Donald MacKinnon (1913–1994) and Stanley Cavell (1926–) sufficient to make the claim that they struck an analogous pose in their respective contexts. This is not to discount their manifest differences. In the milieu of 1960s and 1970s Cambridge, MacKinnon argued in support of a qualified language of metaphysics in the service of a renewed catholic humanism and Christian socialism. At Harvard, Cavell articulated commitments that made him more at home in the (...) world of North American secular political liberalism. Where Nietzsche, Hume, Freud, Heidegger, Emerson and Thoreau were Cavell’s inspirations, Butler, Kant, G. E. Moore, Collingwood and the New Testament were MacKinnon’s. For all the stark differences, commonalities abound and the reason for this can be traced to a shared appreciation of Austin’s contribution to the ‘lingusitic turn’ together with Wittgenstein’s later work. They both developed projects obsessed with the problem of scepticism together with a commitment to a creative re-animation of moral discourse in light of it, with MacKinnon defending a qualified ‘moral realism’, and Cavell, ‘moral perfectionism’. Seen together, a distinctive post-Kantian and post-Wittgensteinian therapeutic moral philosophy is in evidence. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Mind of Charles Hartshorne: A Critical Examination by Donald Wayne Viney and George W. ShieldsLeon NiemoczynskiThe Mind of Charles Hartshorne: A Critical Examination. Donald Wayne Viney and George W. Shields. Anoka, MN: Process Century Press, 2020. 584 pp. $40.00 cloth.Over the past decade process philosophy has undergone a significant renaissance most notably due to the towering presence of the thought of Alfred North Whitehead in (...) that tradition. Charles Hartshorne by manner of contrast has not had such a towering presence. Part of the reason this is the case is due to a paucity of introductory literature on the thought of Charles Hartshorne—literature that might contribute to a “starter kit” so to speak in mastering Hartshorne’s massive oeuvre. The Mind of Charles Hartshorne: A Critical Examination by Donald Wayne Viney and George W. Shields, both former students of Hartshorne and experts in process philosophy themselves, have authored a welcome contribution to an introductory literature that will most certainly elevate awareness of Hartshorne’s importance to its rightful place alongside that of Whitehead. The book is successful in its aims of “giving a reasonably comprehensive account of Hartshorne’s philosophy with an eye of presenting his best arguments...” (the “correcting what we see as misunderstandings of his views appearing in the critical literature” part may have been best left out) and “updating Hartshorne scholarship” (viii). There are ten chapters in total, appendix essays, the aforementioned bibliography, endnotes, and name and subject indexes.The Preface situates the mind of Charles Hartshorne as spanning the twentieth century and engaging metaphysics even when it was unfashionable to do so. Hartshorne thought about a wide-ranging and diverse range of subjects in both philosophy and science, aesthetics, metaphysics, applied philosophy, and theology. He never questioned modern science or evolution and believed that while metaphysics and empirical science have different methods each ensures its own way to objectivity. One learns that Hartshorne’s process metaphysics is also called “neo-classical” philosophy or speculative philosophy. His thought “gave full weight to the dynamic, relational, processive temporal and creative, affective dimensions of the universe” (vi). Hartshorne was known as much for his “panentheism,” or view that God transcends nature but also may be found immanently within it, as he was for his critique of traditional or scholastic classical theology—especially in his logic of theism where he recreates a modal version of the ontological argument. [End Page 94]Chapter 1, “The Career and Personality of Charles Hartshorne,” discusses just that. What seemed most important to me was the discussion of Hartshorne’s formative background of reading novels and poetry by Emerson, Melville, or Camus as a way of intensely living, his studying under William Ernest Hocking, and his Sheldon Traveling Fellowship where he studied for a time with Husserl and read and reviewed Heidegger. Probably the most important biographical details are that Hartshorne was given the assignment of editing the Peirce papers along with Paul Weiss as a Research Fellow while at Harvard University and he also met and graded for Whitehead, who along with C.S. Peirce, would become the twin pillars of all his thinking as a “Peircean and Whiteheadian” (11). From Peirce, we learn that Hartshorne took “possibility is best conceived of as a continuum with no least member” and from Whitehead, “actuality is discrete and discontinuous (atomistic), composed of momentary flashes of experiences” (11). For Hartshorne process and relativity are metaphysically basic.Chapter 2 begins with Hartshorne’s idea that, “Nature comes to us as constituted by feelings, not as constituted by lifeless, insentient matter” (28). Reality has an affective tone in which there is a layered complexity of feeling and social relation. In other words, contra Locke or Hume, feeling is objectively part of an objective affective continuum and is not nominalistically “painted on bare sense impressions” (46). Such might be described as a doctrine of “panexperientialism”— “the view that the basic constituents of reality are flashes of experience” (46). Experience and feeling stretch in their continuity to meet the bounds of nature. Chapter two continues with a wonderful discussion of Hartshorne’s aesthetics: “beauty is the mean between extremes” (48).Chapter 3 provides a... (shrink)

Ralph Wendell Burhoe's legacy rests on a series of interrelated theories that deal with (1) the emergence of life within physical nature; (2) the symbiosis of genes and cultures in human evolution; (3) the central importance of the brain in this symbiosis; and (4) the function of religion within this evolutionary process to carry the traditions of trans‐kin altruism that make human civilization possible. These theories give rise to a number of issues that are of current importance. Burhoe's stature is (...) enhanced when one considers that these theories were first articulated by him in the 1970s, in reliance upon the work of J. Bronowski, Alfred E. Emerson, and Donald T. Campbell. (shrink)

Presenting the cultural and neuronal forces that power our distinctively human modes of awareness, the author proposes that the human mind is a hybrid product of interweaving a super-complex form of matter (the brain) with an invisible symbolic web (culture) to form a cognitive network. Reprint. 11,500 first printing.

Annotation "Subjective, Intersubjective, Objective is the third volume of philosophical writings by Donald Davidson, whose influence on philosophy since the 1960s has been deep and broad. His first two collections, published by OUP in the early 1980s, are recognized as contemporary classics." "Now Davidson presents a selection of his work on knowledge, mind, and language from the 1980s and the 1990s. We all have knowledge of our own minds, knowledge of the contents of other minds, and knowledge of the (...) shared environment. Davidson examines the nature and status of each of these three sorts of knowledge, and the connections and differences among them. Along the way he has illuminating things to say about truth, human rationality, and the relations among language, thought, and the world." "This new volume offers a rich and rewarding feast for anyone interested in philosophy today, and is essential reading for anyone working on its central topics."--BOOK JACKET. Title Summary field provided by Blackwell North America, Inc. All Rights Reserved. (shrink)

The network approach to psychopathology posits that mental disorders can be conceptualized and studied as causal systems of mutually reinforcing symptoms. This approach, first posited in 2008, has grown substantially over the past decade and is now a full-fledged area of psychiatric research. In this article, we provide an overview and critical analysis of 363 articles produced in the first decade of this research program, with a focus on key theoretical, methodological, and empirical contributions. In addition, we turn our attention (...) to the next decade of the network approach and propose critical avenues for future research in each of these domains. We argue that this program of research will be best served by working toward two overarching aims: (a) the identification of robust empirical phenomena and (b) the development of formal theories that can explain those phenomena. We recommend specific steps forward within this broad framework and argue that these steps are necessary if the network approach is to develop into a progressive program of research capable of producing a cumulative body of knowledge about how specific mental disorders operate as causal systems. (shrink)

Modernism and the Architecture of Private Life offers a bold new assessment of the role of the domestic sphere in modernist literature, architecture, and design.

This is a new edition of "A Problem in Greek Ethics," originally published in London in 1901 for "private circulation." Part of the project Immortal Literature Series of classic literature, this is a new edition of the classic work published in 1901-not a facsimile reprint. Obvious typographical errors have been carefully corrected and the entire text has been reset and redesigned by Pen House Editions to enhance readability, while respecting the original edition."A Problem in Greek Ethics" is an account of (...) sexuality between men in all its forms, with Greek culture as a backdrop. Perhaps the best description of "A Problem in Greek Ethics" is this one in "Queer Religion" (Praeger, 2012, edited by Donald L. Boisvert and Jay Emerson Johnson, pp. 180-181): "Published at the turn of the century, 'A Problem in Greek Ethics' is a systematic and well-documented exposition of the role of homosexuality in the different historical periods of ancient Greek society. Throughout most of his work, Symonds prefers to use the term 'paiderastia' to 'homosexuality,' the latter a term he only uses in rare instances. Nevertheless, 'paiderastia,' in Symonds's work, amounts to a broad concept of homosexuality rather than to our current concept of pederasty. Whitman and his work are never mentioned by Symonds in 'A Problem in Greek Ethics,' but the conceptual connection had already been made explicit in Walt Whitman: 'A Study' eight years earlier. In the introductory lines to 'A Problem in Greek Ethics,' the reader is alerted that ancient Greece offers a unique example in history of 'a great and highly developed race not only tolerating homosexual passions, but deeming them of spiritual value, and attempting to use them for the benefit of society.' According to Symonds, while homosexual relations were not prominent in the so-called heroic age of Greece, it was nevertheless the love of Achilles for Patroclus, as narrated by Homer, that conferred in a later age of Greek history an almost religious sanction to the martial form of paiderastia. This episode in the Iliad inspired in later generations an ideal of manly love, which he describes as 'a powerful and masculine emotion, in which effeminacy had no part, and which by no means excluded the ordinary sexual feelings.' To which he adds that the tie created by these relationships was 'both more spiritual and more energetic [than] that which bound man to woman.' While Homer knew not about homosexuality, very early in Greek history paiderastia became a national institution giving rise, according to Symonds, to a distinction between a noble, spiritual, form of masculine passion, which he calls "heroic love," and a base and sensual one, which he identifies as 'vulgar love.'"About the Author: John Addington Symonds was born in Bristol, England, in 1840. He was an English poet, an author of several works, and a literary critic. In 1873 he wrote "A Problem in Greek Ethics," which discussed homosexuality between men. He printed ten copies in 1883, before effectively publishing the book in 1901. He was also known for his work on the Renaissance, as well as for his translations and biographies. He wrote "Our Life in the Swiss Highlands" (1891), biographies of Philip Sidney (1886), Ben Jonson (1886) and Michelangelo (1893), several volumes of poetry and essays, and a translation of the "Autobiography of Benvenuto Cellini" (1887). John Addington Symonds died in Rome in 1893. In 1896, Havelock Ellis published, in German, prepared with the collaboration of Dr. Hans Kurella, "Das konträre Geschlechtsgefühl" (Leipzig, by Georg H. Wigand's Verlag), later revised and published by Ellis as "Sexual Inversion"-the first medical text in English about homosexuality, which he had co-authored with Symonds, and which would become a part of Ellis's six-volume "Studies in the Psychology of Sex.". (shrink)

In der neuen Literatur tiber Leibniz' Spatphilosophie findet man zwei deutlich einander entgegengesetzte Theorien Uber die Realitat des Körpers. Auf der einen Seite gibt es Gesichtspunkte, die ihn mit einer Phänomenalismuslehre verbinden, nach welcher die Körper nichts anderes als koordinierte Perzeptionen unausgedehnter Monaden sind. Auf der anderen Seite gibt es Griinde, die dafur sprechen, daß Leibniz die Auffassung vertreten muß, daß Körper Aggregate von Monaden sind. In diesem Aufsatz suche ich zu zeigen, daß die phanomenalistische Interpretation aufgrund der starken Textzeugnisse, (...) die Leibniz beständig zur Aggregatthese hindrängen, zuriickzuweisen ist. Daruber hinaus weise ich jedoch die verbreitete Auffassung eben der Aggregatthese zurück, d. h. die Meinung, gewisse Vielheiten von Monaden riefen bloß die Illusion, Körper zu sein, hervor, wenn sie durch andere Monaden M falsch perzipiert" werden. Gegen diese Auffassung des falschen Perzipierens ftihre ich ins Feld, daß die Aggregatthese als ein Deutungsversuch der Natur oder des Wesens des Körpers verstanden werden mufi. Wenn Leibniz sagt, Körper seien Aggregate von Monaden, so ist das nicht als blofie Behauptung, gewisse Monaden erschienen anderen Monaden als Körper, zu verstehen, sondern als die These, daß jeder Körper seinem Wesen nach eine Vielheit von Monadenist. (shrink)

Introduction: schema, substance, and symbol -- Linguistic form: the critique of reason becomes the critique of culture -- Mythical thought: beginning the ladder of consciousness -- Phenomenology of knowledge: taking phenomenology in the Hegelian, not the modern sense -- Metaphysics of symbolic forms: spirit, life, and Werk -- Logic of the cultural sciences: nature and culture -- Animal symbolicum -- Human freedom and politics.

The current interest in bioregionalism, stimulated in part by Kirkpatrick Sale’s Dwellers in the Land, shows that people are looking for a form of political praxis which addresses the importance of region. In this paper, I argue that much of the bioregional literature written to date mystifies the concept of region, discounting the role of subjectivity and culture in shaping regional boundaries and veers toward asimplistic view of “nature knows best.” Bioregionalism can be rehabilitated, provided we treat it not as (...) a “revealed wisdom” for the reconstruction of human society, but as a sensibility and environmental ethic that can infuse our work even as we make use of the functional regionalisms that increasingly shape people’s consciousness. I conclude by citing Lewis Mumford’s concept of a region as capturing the dialectical interplay of natural and cultural elements. (shrink)

Dynamic interaction is said to occur when two significanrly different fields A and B come into relation, and their interaction is dynamic in the sense that at first the flow of ideas is principally from A to B, but later ideas from B come to influence A. Two examples are given of dynamic interactions with the philosophy of mathematics. The first is with philosophy of scicnce, and thc sccond with computer science. Theanalysis cnables Lakatos to be charactcrised as thc first (...) to devclop the philosophy of mathematics using ideas taken from thc philosophy of science. (shrink)

The only thing worth saying about the author, in my view, is what he has given to be public, all the rest being the generalized personal, which is mere confusion and finally dust.