Human life, society and law: fundamentals of the philosophy of the law, by Luis Recaséns Siches.- Phenomenology of the decision, by Carlos Cossio.- The eidetics and aporetics of the law, by Juan Llambías de Azevedo.- The philosophical-juridical problem of the validity of law, by Eduardo García Máynez.- Liberty as right and as power, by Eduardo García Máynez.

The concepts of radicalisation and de-radicalisation are primarily defined by the assumption they make that there is a causal relationship between ideas and action. However, the causal role of ideas in informing behaviour has been strongly contested and has thus far eluded and undermined radicalisation and de-radicalisation conceptually and practically. The following article provides a theoretical basis for identifying the causal relationship between ideas and action through Margaret Archer’s critical realist ontology. Drawing on fieldwork conducted in Northern Ireland, the (...) article identifies processes of ideational causal reproduction and morphogenesis in the Provisional Irish Republican Army’s thinking on armed struggle during its transition away from armed violence. It argues that the adoption of the Armalite and Ballot Box strategy in the 1980s introduced a contradiction in the movement’s ideology and that the movement was pressured to address this contradiction through three corrective cycles throughout the peace-process, subsequently softening its position on armed struggle. (shrink)

Past research has examined the ethical judgments of consumers in the U.S., but few studies have investigated such attitudes in foreign-market settings. The current study compares ethical attitudes of consumers in two countries (Ireland and Lebanon) which share a cultural similarity of ongoing war and terrorism. The findings reveal that both cultures exhibit low sensitivity to ethical issues. Furthermore, the findings show that the Irish consumers are less sensitive to consumer ethical practices, less idealistic, more relativistic, and more Machiavellian (...) than Lebanese consumers. The authors recommend that other researchers need to further investigate this perplexing issue because ethics is a research topic which often discourages survey respondents to be candid. (shrink)

In this book, James Gordon Finlayson examines the Habermas-Rawls debate in context and considers its wider implications. He traces their dispute from its inception in their earliest works to the 1995 exchange and its aftermath, as well as its legacy in contemporary debates. Finlayson discusses Rawls’s Political Liberalism and Habermas’s Between Facts and Norms, considering them as the essential background to the dispute and using them to lay out their different conceptions of justice, politics, democratic legitimacy, individual rights, and (...) the normative authority of law. He gives a detailed analysis and assessment of their contributions, assessing the strengths and weaknesses of their different approaches to political theory, conceptions of democracy, and accounts of religion and public reason, and he reflects on the ongoing significance of the debate. The Habermas-Rawls Debate is an authoritative account of the crucial intersection of two major political theorists and an explication of why their dispute continues to matter. (shrink)

Abstract The values of the healthcare sector are fairly ubiquitous across the globe, focusing on caring and respect, patient health, excellence in care delivery, and multi-stakeholder collaboration. Many individual pharmacists embrace these core values. But their ability to honor these values is significantly determined by the nature of the system they work in. -/- The paper starts with a model of the prevailing pharmacist workforce model in Scotland, in which core roles are predominantly separated into hierarchically disaggregated jobs focused on (...) one professional ‘pillar’: Clinician /Practice Provider; Educator; Leader/Manager; and Researcher. This is the ‘Atomistic’ Model. This skills-segregation yields a workforce of individuals working in isolation rather than collaborating together, and lacking a shared information flow, purpose and identity. Key strategic flaws include suboptimal responsiveness to population and subpopulation needs, inconsistency and inequity of care, an erosion of professional agency, and lower job satisfaction. It is conjectured that this results from a lack of congruence between values, professional ethos, and organizational structure. ‘Atomism’ culminates in a syndrome of widespread professional-level cognitive dissonance. -/- The paper contrasts this with a new emerging workforce vision, The Collaborative Care Model. This new model defines a systems-first-approach, built on the principle that all jobs must include all four professional ‘pillars’. Vertical skills integration, involving education and task sharing, will support sustainability and succession planning. Horizontal skills integration (across practice, leadership and research) is included to improve responsiveness to population need and individual professional agency. The working conditions, supportive ethos, and career structure needed to make the model work are described. Moral theory and workforce theory are used to justify why the model may be more effective for population health, delivering greater job satisfaction for individuals and ultimately helping systematically realize and honor healthcare values. Finally, the paper sketches the first steps needed to implement the model at the national level, starting with the operationalization of new multi-pillar professional curricula across the career spectrum. Potential pitfalls and challenges are also discussed. -/- Co-Authors: 1. Paul Forsyth (PF) Lead Pharmacist Clinical Cardiology, Pharmacy, NHS Greater Glasgow & Clyde. Contribution: Conceptualization; Model Curation; Model Theory; Model Visualization; Writing - original draft (lead author), Writing - review & editing (lead author) 2. Andrew Radley (AR), Consultant in Public Health Pharmacy, NHS Tayside. Contribution: Conceptualization; Model curation; Model Theory; Writing - review & editing 3. Gordon Rushworth (GR), MPharm MSc FFRPS FRPharmS (Consultant). Programme Director, Highland Pharmacy Education & Research Centre, NHS Highland, Inverness. Contribution: Model curation; Writing - review & editing 4. Fiona Marra (FM) National Lead Clinician Scottish Infection and Immunology Network (SPAIIN) / Advanced Pharmacist HCV / HIV, NHS Greater Glasgow & Clyde. Contribution: Model curation; Writing - review & editing 5. Susan Roberts (SR) Associate Postgraduate Pharmacy Dean, NHS Education for Scotland. Contribution: Model curation; Writing - review & editing 6. Roisin O’Hare (RO) Lead Teacher Practitioner Pharmacist, Northern Ireland University Network, Southern Health and Social Care Trust. Contribution: Model curation; Writing - review & editing 7. Catherine Duggan (CD) Chief Executive Officer, International Pharmaceutical Federation (FIP). Contribution: Model curation; Writing - review & editing 8. Barry Maguire (BM) Senior Lecturer, School of Philosophy, Psychology and Life Sciences, The University of Edinburgh. Contribution: Conceptualization; Model Curation; Model Theory; Model Visualization; Supervision; Writing - original draft (senior academic supervisor), Writing - review & editing (senior academic supervisor) -/- . (shrink)

Many commentators have failed to identify the important issues at the heart of the debate between Habermas and Rawls. This is partly because they give undue attention to differences between Rawls’s original position and Habermas’s principle, neither of which is germane to the actual dispute. The dispute is at bottom about how best to conceive of democratic legitimacy. Rawls indicates where the dividing issues lie when he objects that Habermas’s account of democratic legitimacy is comprehensive and his is confined to (...) the political. But his argument is vitiated by a threefold ambiguity in what he means by ‘comprehensive doctrine’. Tidying up this ambiguity helps reveal that the dispute turns on the way in which morality relates to political legitimacy. Although Habermas calls his conception of legitimate law ‘morally freestanding’, and as such distinguishes it from Kantian and natural law accounts of legitimacy, it is not as freestanding from morality as he likes to present it. Habermas’s mature theory contains conflicting claims about the relation between morality and democratic legitimacy. So there is at least one important sense in which Rawls’s charge of comprehensiveness is made to stick against Habermas’s conception of democratic legitimacy, and remains unanswered. View HTML Send article to KindleTo send this article to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle. Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply. Find out more about the Kindle Personal Document Service.Where the Right Gets in: On Rawls’s Criticism of Habermas’s Conception of LegitimacyVolume 21, Issue 2James Gordon Finlayson DOI: https://doi.org/10.1017/S1369415416000017Your Kindle email address Please provide your Kindle [email protected]@kindle.com Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Dropbox To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox. Where the Right Gets in: On Rawls’s Criticism of Habermas’s Conception of LegitimacyVolume 21, Issue 2James Gordon Finlayson DOI: https://doi.org/10.1017/S1369415416000017Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Google Drive To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive. Where the Right Gets in: On Rawls’s Criticism of Habermas’s Conception of LegitimacyVolume 21, Issue 2James Gordon Finlayson DOI: https://doi.org/10.1017/S1369415416000017Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Export citation. (shrink)

In a critical discussion, interlocutors can strategically maneuver by shading their expressed degree of standpoint commitment for rhetorical effect. When is such strategic shading reasonable, and when does it cross the line and risk fallacious derailment of the discussion? Analysis of President George W. Bush’s 2002–2003 prewar commentary on Iraq provides an occasion to explore this question and revisit Douglas Ehninger’s distinction between argumentation as coercive correction and argumentation as a person-risking enterprise. Points of overlap between Ehninger’s account and pragma-dialectical (...) argumentation theory suggest avenues for harmonization of rhetorical and dialectical perspectives on argumentation. Out of this conceptual convergence comes theoretical resources for understanding strategic maneuvering, by accounting for ways that discussants exploit gaps between their externalized and actual discussion attitude. As such higher-order strategic maneuvering played a major role in the 2003 Iraq prewar discourse failure, perspicacious understanding of this particular argumentative maneuver carries practical, as well as theoretical import. (shrink)

Using a sample of 652 college students, we examined several implications of the hypothesis that the shape of the human penis evolved to enable males to substitute their semen for those of their rivals. The incidence of double mating by females appears sufficient to make semen displacement adaptive (e.g., one in four females acknowledge infidelity, one in eight admit having sex with two or more males in a 24-hour period, and one in 12 report involvement in one or more sexual (...) threesomes with two males). We also document several changes in post-ejaculatory behavior (e.g., reduced thrusting, penis withdrawal, loss of an erection) which may have evolved to minimize displacement of the male’s own semen. Consistent with predictions derived from a theoretical model (Gallup and Burch 2006), we discovered that most females report waiting at least 48 hours following an instance of infidelity before resuming sex with their in-pair partners. (shrink)

European Journal of Philosophy, EarlyView.

Introduction: Laughter as an expression of human nature in the Middle Ages and the early modern period: literary, historical, theological, philosophical, and psychological reflections -- Judith Hagen. Laughter in Procopius's wars -- Livnat Holtzman. "Does God really laugh?": appropriate and inappropriate descriptions of God in Islamic traditionalist theology -- Daniel F. Pigg. Laughter in Beowulf: ambiguity, ambivalence, and group identity formation -- Mark Burde. The parodia sacra problem and medieval comic studies -- Olga V. Trokhimenko. Women's laughter and gender politics (...) in medieval conduct discourse -- Madelon Köhler-Busch. Pushing decorum: uneasy laughter in Heinrich von Dem Türlîn's Diu crône -- Connie L. Scarborough. Laughter and the comic in a religious text -- John Sewell. The son rebelled and so the father made man alone: ridicule and boundary maintenance in The Nizzahon vetus -- Birgit Wiedl. Laughing at the beast: the judensau: anti-Jewish propaganda and humor from the Middle Ages to the early modern period -- Fabian Alfie. Yes . . . but was it funny? Cecco Angiolieri, Rustico Filippi and Giovanni Boccaccio -- Nicolino Applauso. Curses and laughter in medieval Italian comic poetry -- Feargal Béarra. Tromdhámh guaire: a context for laughter and audience in early modern Ireland -- Jean E. Jost. Humorous transgression in the non-conformist fabliaux: a Bakhtinian analysis of three comic tales -- Gretchen Mieszkowski. Chaucerian comedy: Troilus and Criseyde -- Sarah Gordon. Laughing and eating in the fabliaux -- Christine Bousquet-Labouérie. Laughter and medieval stalls -- Scott L. Taylor. Esoteric humor and the incommensurability of laughter -- Jean N. Goodrich. The function of laughter in The second shepherds' play -- Albrecht Classen. Laughing in late-medieval verse and prose narratives -- Rosa Alvarez perez. The workings of desire: Panurge and the dogs -- Elizabeth Chesney Zegura. Laughing out loud in the Heptaméron: a reassessment of Marguerite de Navarre's ambivalent humor -- Lia B. Ross. You had to be there: the elusive humor of the Sottie -- Kyle Diroberto. Sacred parody in Robert Greene's Groatsworth of wit -- Martha Moffitt Peacock. The comedy of the shrew: theorizing humor in early modern Netherlandish art -- Jessica Tvordi. The comic personas of Milton's Prolusion VI: negotiating masculine identity through self-directed humor -- John Alexander. Ridentum dicere verum (using laughter to speak the truth): laughter and the language of the early modern clown "pickelhering" in German literature of the late seventeenth century (1675-1700) -- Thomas Willard. Andreae's ludibrium: Menippean satire in The chymische hochzeit -- Diane Rudall. The comic power of illusion-allusion -- Allison P. Coudert. Laughing at credulity and superstition in the long eighteenth century. (shrink)

John V. Taylor was a missionary statesman, ecumenist, Africanist, onetime General Secretary of the Church Missionary Society, and later Anglican Bishop of Winchester. His work offers a theology and practice of Christian mission which is faithful to scripture while fully facing the facts of the contemporary world at the beginning of the third millennium. Does Christian evangelism promote sectarianism and violence, or can it contribute to harmony and peace in the global village? Can Christians extol the true significance of Jesus (...) Christ without demeaning others? Who is God and how does God's nature shape ours? This book tackles these and other vital issues by giving the first major account of the life and thought of one of the 20th century's greatest religious thinkers. Here is an example and tutor to any thoughtful Christian. Consistently incarnational and sacramental in his approach, Taylor seeks to live out the truths he discovers in his daily ministry as poet, priest and prophet - inviting those around him to share the way of Christ. Taylor is also author of major works such as "The Go-Between God", his book on the Holy Spirit, and "The Christlike God", where he outlines the distinctive Christian insight into God as the patient, generous, self-sacrificing love we see in Jesus. (shrink)

Google Earth allows us to obtain a new vision of the planet we live on, with an ability to zoom in from space to ground level detail at any point on Earth. As it is only recently that we have been able to look toward the Earth from space, we review instead the history of imaging of the Jupiter moon Ganymede, another globe, first seen by Galileo. Observations of Ganymede are mined for lessons on the importance and impact of improving (...) imaging technology. Similarly, new insights may await us when we have proper tools for quantitatively looking at another unexplored globe, the embryo, in a sense for the first time. (shrink)

Adam Ferguson has received little of the renewed attention that contemporary philosophers have given to the philosophers of the Scottish Enlightenment, most notably David Hume, Thomas Reid and Adam Smith. There are good reasons for this difference. Yet, the conception of moral philosophy at work in Ferguson's writings can nevertheless be called upon to throw important critical light on the current enthusiasm for philosophical ethics and applied philosophy. Eighteenth century ‘moral science’ took its significance from a context that modern philosophers (...) who seek to be practically ‘relevant’ need, but lack. (shrink)

The practice of nonphysician ethicist-consultants giving ethics advice concerning the appropriate medical treatment of patients in hospitals is a relatively recent development. Although only a minority of hospitals make substantial use of any formal ethics consulting service, the number is growing and apparently will continue to do so. Indeed, at least among urban teaching hospitals, some sort of ethics consulting service is increasingly commonplace.

_A beautifully written exploration of religion’s role in a secular, modern politics, by an accomplished scholar of critical theory__ “Rich in historical background, illuminating in its comparative perspective, yet focused on the question of secularization and the normative resources of modernity—a joy to read.”—Maeve Cooke, University College Dublin__ “Gordon writes with a controlled power, elegance, simplicity, and clarity that is a rare pleasure.”—Max Pensky, Binghamton University_ _Migrants in the Profane _takes its title from an intriguing remark by Theodor W. (...) Adorno, in which he summarized the meaning of Walter Benjamin’s image of a celebrated mechanical chess-playing Turk and its hidden religious animus: “Nothing of theological content will persist without being transformed; every content will have to put itself to the test of migrating in the realm of the secular, the profane.” In this masterful book, Peter Gordon reflects on Adorno’s statement and asks an urgent question: Can religion offer any normative resources for modern political life, or does the appeal to religious concepts stand in conflict with the idea of modern politics as a domain free from religion’s influence? In answering this question, he explores the work of three of the Frankfurt School’s most esteemed thinkers: Walter Benjamin, Max Horkheimer, and Theodor W. Adorno. His illuminating analysis offers a highly original account of the intertwined histories of religion and secular modernity. (shrink)

This is a revised and expanded version of the much praised short book _Universities: The Recovery of An Idea_. It contains chapters on the history of universities; the value of university education; the nature of research; the management and funding of universities plus additional essays on such subjects as human nature and the study of the humanities, interdisciplinary versus multidisciplinary study, information systems and the concept of a library, the prospects for e-learning, reforming universities, intellectual integrity and the realities of (...) funding, and spiritual values and the knowledge economy. (shrink)

This volume in the new history of Scottish philosophy covers the Scottish philosophical tradition as it developed over the nineteenth and twentieth centuries. Leading experts explore major figures from Thomas Brown to George Davie, while others address key developments in the period, including the spread of Scottish philosophy across the world.

This chapter discusses four principal themes of Scottish aesthetics over the course of the eighteenth century. The first is the question of ‘taste’ and its relation to the perception and reality of beauty. Does beauty exist independently of its being perceived, or is it in some sense the product of our perception? The second is the matter of aesthetic criticism. Can aesthetic judgements be rational, and if so on what basis? The third main topic is the rhetorical use of language. (...) Is oratory an art? If it is, how does rhetoric relate to literary and poetic language, to the expression of thought and the cogency of argument? Finally, is there something to be learned on these subjects from the study of the origins of language? On each of these topics, the Scottish philosophers had interesting, insightful, and in some cases enduringly important things to say. (shrink)

Robert M. Adams has written a fairly short book, but into it he has packed a lifetime of rigorous analytic thought, and, what is rarer, deep insight into the nature of things. The book expands and recasts Gifford Lectures that Adams delivered in 1999, as well as other lectures and papers, and though it addresses difficult issues, Adams's clear style, retaining the informality of lectures, considerably eases the task of the reader; and the book is not without an occasional touch (...) of humour, e.g. ‘As metaphysicians we may wish to assign a certain oomph to one side or the other in such lawgoverned relations; but it is not clear that the concept of oomph is at home in fundamental physics’ (p. 12).I cannot cover all the many and various topics in the book, but I shall endeavour in what follows to present a central thread of argument in it, the distinction between what is and what is in itself (the centrality of which is indicated by its presence in the book's title) and to show how this distinction leads to the theistic and idealist metaphysics to which the author is inclined. (shrink)

Beauty is constantly lived and incorporated as a meaningful social category in Brazil and intersects with racialised and gendered ways of belonging to the Brazilian nation. In this article, I deploy ethnographic material to show how middle-class women self-identifying as black embody and experience beauty and how, through practices and discourses centred on physical appearance, they both reinforce and challenge broader social and racial inequalities in Brazil.

Drawing on the author’s lifelong practice in the non-competitive and defensive Japanese art of Aikido, this book examines education as self-cultivation, from a Japanese philosophy perspective. Contemplative practices, such as secular mindfulness meditation, are being increasingly integrated into pedagogical settings to enhance social and emotional learning and well-being and to address stress-induced overwhelm due to increased pressures on the education system and its constituents. The chapters in this book explore the various ways, through the lens of this non-violent relational art (...) of Aikido, that pedagogy is always something being practiced and thus holding potential for transformation into being more relational, ecological-minded, and reflecting more ‘embodied attunement.’ Positioning education as a practice, one of self-discovery, the author argues that one can approach personal development as engaging in a spiritual process of integrating mind and body towards full presence of being and existence. (shrink)

This article analyses the work of Martin Loughlin on the nature of public law, and in particular, his ostensibly strident anti-positivism. It is argued that despite this, Loughlin's work can be reconciled with a normative account of legal positivism, based on the work of Jeremy Waldron. The article maintains that Loughlin's account of public law as political jurisprudence is methodologically compatible with, and potentially even substantively complementary to, normative legal positivism. It is ultimately suggested that this reconciliation provides a methodology (...) for public law scholarship which is both positivist and political, and which may offer insight into the subject beyond that which either approach might generate alone. (shrink)

When did historians begin to put quotation marks around the wordreal? There are many examples of this habit and some of them will be set forth as evidence in what follows. But before doing so we might ask a preliminary question: What are the quotation marksthemselvessupposed to mean? Today we find them so familiar they hardly need to be written and they are more frequently consigned to the everyday repertoire of silent gesture: two fingers on either hand clutch at the (...) air as if they meant to tickle the flanks of the invisible beast between them. The popular term is “scare-quotes,” a pun on the word “scarecrow.” Its etymology is revealing: just as a mere representation of a body in a field may scare off birds, so too scare-quotes permit someone to deploy a word without sincere commitment to what it normally means. But further reflection tells us that the effects are not so similar after all: To use a term without sincerity robs it of its original meaning and holds up its lifeless corpse to ridicule. The more knowing sort of crow can settle on the shoulder of the figure on the pole precisely because it recognizes that such a sorry excuse for a man can in fact harm no one. Similarly when one putsrealityin quotation marks we are put in mind of the living concept but we are immediately alerted to the fact that, for the user at least, the new term enjoys no metaphysical prestige. How did this happen? When and why did the single most privileged word in the entire lexicon of metaphysics begin to lose its authority such that in certain spheres of intellectual sophistication its sincere use would only seem an embarrassment and a sign of naïveté? (shrink)