Contemporary tort theory is dominated by a debate between legal economists and corrective-justice theorists. Legal economists suppose that tortfeasors and tortious wrongs are false targets for cheapest cost-avoiders and avoidable future losses. Corrective-justice theorists argue powerfully that the economic account of tort as search for cheapest cost-avoiders with respect to future accidents does not capture the most fundamental fact about tort adjudication, namely, that the reason we hold defendants liable in tort is that they have wronged their victims and should (...) therefore repair the harm they have done. Deterring cheapest cost-avoiders from committing future harms no more justifies imposing liability in tort than deterring future crime justifies hanging the innocent. This is a powerful critique of the economic theory of tort, but it overshoots the mark. As an account of tort law, corrective justice puts the cart before the horse Tort is a law of wrongs, not just a law of redress for wrongs. Repairing harm wrongly done is the next best way of complying with an obligation not to do harm wrongly in the first place. Rights and remedies form a unity in which rights have priority. Corrective justice is thus an essential but subordinate aspect of tort. This paper develops this line of criticism of corrective-justice theory and offers an alternative account of tort that places primary norms of harm avoidance and respect for rights at its center. On this conception, tort isa law of wrongs, but its distinctiveness lies in the content and character of the wrongs with which it is concerned. At its core, tort is concerned with protecting essential conditions of individual agency. (shrink)

The tort law of negligence is one of our principal forms of protection against accidental physical injury. But it is underspecified in one respect and incomplete in another. The common law of negligence is underspecified in that its norm of reasonable care does not register clearly enough the fact that it is reasonable to take greater precautions against some kinds of physical injuries — severe and irreparable ones — than it is against other kinds — mild and fully repairable ones. (...) The common law of negligence is incomplete in that it relies on the award of money damages to induce prospective injurers to exercise reasonable care prospectively, yet does not so much as attempt to fully monetize the harm done by unreasonable risks that result in death. (shrink)

Adam Slavny's Wrongs, Harms, and Compensation: Paying for Our Mistakes (OUP, 2023) is predicated on a break with a foundational assumption of most contemporary tort theory. It renounces all aspirat...

In lieu of an abstract, here is a brief excerpt of the content:Catholic Postliberalism in the Ruins of "the Catholic Moment"James F. KeatingA historically conversant reader interested in the current state of discourse regarding Catholicism and American politics will find a good amount of familiar discord. He will discover, for example, that the life issues continue to bedevil. Can a Catholic vote in good conscience for an abortion-rights candidate over a pro-life competitor if that candidate is more supportive of other (...) policies in line with Catholic Social Teaching? This issue has, of course, been with the American Church for some time now, even if it has taken on renewed urgency given the coincidence of the overturning of Roe v. Wade with the presidency of Joseph Biden, the second Roman Catholic to hold that office and a recent convert to pro-choice stridency. The action of the Supreme Court and the battles within the various states will ensure that abortion remains at the political heart of American Catholicism for years to come. One can say something similar about other issues, such as immigration, gun control, and economic justice. None of this will be found to be particularly surprising. The same cannot be said, however, of the return of a more fundamental question, one thought to have been settled since the mid-1960s. That question is whether Roman Catholicism and American liberal democracy are incompatible to the extent that Catholics ought to seek, if possible, another constitutional arrangement, one more friendly to the Catholic cause.Our reader would be familiar with the standard narrative that, while the existence of a medieval Church in a modern polity that upholds religious freedom had been a matter of concern since the dawn of the Republic, it [End Page 991] became serious only in the first half of the twentieth century as the number of Catholics and their influence grew. Until that time, American bishops, such as Archbishop John Ireland (1815–1918), made a special point of speaking publicly on the benefits of American freedom for the Church, just as they made clear that Catholics could be as patriotic as any other citizen. If there were tensions, they came primarily from anti-Catholic bigotry and governmental overreach. Things changed, however, when the point at issue was no longer primarily a religious one of Catholic believers infecting their Protestant neighbors with erroneous doctrine, but rather the threat so many Catholics posed to the fate of American freedom itself. In a postwar America concerned with the spread of Soviet communism, Paul Blanshard found a ready audience for his scholarly anti-Catholic diatribes, American Freedom and Catholic Power (1949) and Communism, Democracy, and Catholic Power (1951).1 Without much difficultly, he pointed to various statements of Gregory XVI and Pius IX condemning the separation of Church and state, the freedom of religious conscience, and democracy as the best governmental form. To top things off, he had Leo XIII's Testem Benevolentiae, an 1899 letter to the Cardinal Archbishop James Gibbons of Baltimore, warning him and his fellow bishops not to speak of the constitutional arrangement of the United States as a political ideal. While Leo had positive things to say about the American system, his admonition followed the traditional line: while constitutional protections of religious freedom are necessary when Catholics are in the minority, the ideal situation is a state that officially confesses and supports the Catholic religion. Of more recent vintage, Blanshard could quote the response of America's best-known Catholic theologian, Monsignor John A. Ryan, to the question of whether non-Catholics would be permitted to practice their religion in this ideal state:If these are carried on within the family, or in such inconspicuous manner as to be an occasion neither of scandal nor of perversion to the faithful, they may be properly tolerated by the State,... Quite distinct from the performance of false religious worship and preaching to the members of the erring sects, is the propagation of the false doctrine among Catholics. This could become a source of injury, a positive menace, to the religious welfare of true believers. Against such an evil they have a right of protection by the Catholic State... If there is only one true religion, and... (shrink)

An important contribution of Gregory Keating’s Reasonableness and Risk is to mount objections to law and economics whilst articulating an alternative deontological vision of tort law to that offered by corrective justice theorists. In this paper I offer two reservations about Keating’s account. One is that some forms of consequentialism can accommodate at least some aspects of his deontological theory, so we must be careful to distinguish between claims that strike at the heart of consequentialism and those (...) that are only a problem for wealth maximisation. The second is that there are yet other varieties of deontology besides Kantianism and Keating’s alternative to it, and while I accept some of Keating’s claims, I think we should reject others. I will make the case for each of these reservations via discussion of three core features of Keating’s account: the harm/benefit asymmetry, the commitment to objective rather than subjective valuation, and his justification of strict liability. (shrink)

As a work of social theory, I would argue that it belongs in a class with the writings of Habermas and Arendt". -- Jay Bernstein, University of Essex This is one of the most original and important works of contemporary European thought.

Inquiring 'whether any war can be just', Thomas Aquinas famously responded that this may hold true, provided the war is conducted by a legitimate authority, for a just cause, and with an upright intention. Virtually all accounts of just war, from the Middle Ages to the current day, make reference to this threefold formula. But due in large measure to its very succinctness, Aquinas's theory has prompted contrasting interpretations. This book sets the record straight by surveying the wide range of (...) texts in his literary corpus that have bearing on peace and the ethics of war. Thereby emerges a coherent and nuanced picture of just war as set within his systematic moral theory. It is shown how Aquinas deftly combined elements from earlier authors, and how his teaching has fruitfully propelled inquiry on this important topic by his fellow scholastics, later legal theorists such as Grotius, and contemporary philosophers of just war. (shrink)

This book offers glimpses into the personal and scholarly lives of 20 giants in the history of psychology. As in the earlier volumes, prominent scholars were invited to prepare chapters on a pioneer who had made important contributions in their own area of expertise. Some of the psychologists described may be the teachers of the instructors who will be the users of this book, potentially providing a personal connection of the pioneers to the students. A special section provides brief portraits (...) of the editors and authors, containing interesting information about the relationship between the pioneers and the psychologists who describe them. Utilizing an informal, personal, sometimes humorous, style of writing, the book will appeal to students and instructors interested in the history of psychology. Each of the five volumes in this series contains different profiles thereby bringing more than 100 of the pioneers in psychology more vividly to life. (shrink)

Certain representations are bound in special ways to our sensory capacities; consider, for instance, pictures, sound recordings, and the various forms of mental sensory imagery. What do these representations have in common, and what makes them different from representations of other kinds? Dominic Gregory employs novel ideas on perceptual states and sensory perspectives to explain the special nature of the contents of distinctively sensory representations. The book contains extensive discussions of e.g. perceptual imagination, pictorial representation, and memories.

This article examines the construction of image recognition algorithms for the classification of plant pathology problems. Rooted in science and technology studies research on the effects of agricultural big data and agricultural algorithms, the study ethnographically examines how algorithms for the recognition of plant pathology are made. To do this, the article looks at the case of a German agtech startup developing image recognition algorithms for an app that aims to help small-scale farmers diagnose plant damages based on digital images (...) of their symptoms. The study posits that the construction of these algorithms can be grasped as a succession of layers, at each of which the startup’s employees carry out different selection practices. It is argued that these practices gradually inscribe a selective recognition of the phenomenon of plant pathology into the algorithms of the app. This selective recognition is reflected in the fact that the emerging algorithms are effective in identifying isolated plant damages on isolated crops, while ignoring most agroecosystem-related actors and relations through which plant damages arise. The article concludes that the app’s selective recognition of plant pathology is likely to perpetuate or even exacerbate the pesticide use of its users. This is because the app’s view of plant pathology as a phenomenon comprised of isolated plant damages on isolated crops is more compatible with the use of chemical pesticides than with approaches to crop protection that strive for a more moderate use of these substances (e.g., integrated pest management, agroecology, organic agriculture). (shrink)

Offers step-by-step techniques for a wide range of creative digital photography projects, from greeting cards, recipe pages, invitations, and illustrated books to panoramas, collages, bound photo albums, DVD slide shows, and Web galleries Perfect for the exploding digital photography market, which has grown from 6.7 million cameras sold in 2000 to a projected 42 million in 2005 Released to hit stores right after the 2004 gift-giving season, it's the perfect companion to the author's previous bestsellers, which include 50 Fast Digital (...) Camera Techniques. (shrink)

Epistemic decision theory (EDT) employs the mathematical tools of rational choice theory to justify epistemic norms, including probabilism, conditionalization, and the Principal Principle, among others. Practitioners of EDT endorse two theses: (1) epistemic value is distinct from subjective preference, and (2) belief and epistemic value can be numerically quantified. We argue the first thesis, which we call epistemic puritanism, undermines the second.

This paper builds on previous work that investigated anticancer drugs as ‘informed materials’, i.e., substances that undergo an informational enrichment that situates them in a dense relational web of qualifications and measurements generated by clinical experiments and clinical trials. The paper analyzes the recent transformation of anticancer drugs from ‘informed’ to ‘informing material’. Briefly put: in the post-genomic era, anti-cancer drugs have become instruments for the production of new biological, pathological, and therapeutic insights into the underlying etiology and evolution of (...) cancer. Genomic platforms characterize individual patients’ tumors based on their mutational landscapes. As part of this new approach, drugs targeting specific mutations transcend informational enrichment to become tools for informing their targets, while also problematizing the very notion of a ‘target’. In other words, they have become tools for the exploration of cancer pathways and mechanisms. While several studies in the philosophy and history of biomedicine have called attention to the heuristic relevance and experimental use of drugs, few have investigated concrete instances of this role of drugs in clinical research. (shrink)

How can tort law be justified? There are well-known difficulties with the three traditional theories of tort law dominating the literature (namely, economic theory, corrective justice theory, and civil recourse theory). Recently, some have turned to moral contractualism in search of tort law’s foundation. One of the most prominent attempts was made by Gregory Keating. Keating’s account, however, has been subjected to powerful objections. In a recent paper, John Oberdiek, through a sympathetic critique of Keating’s account, (...) develops a new version of contractualist tort theory that is alleged to be at once superior to the three traditional theories of tort law and immune to the objections to Keating’s account. The aim of my paper is to critically assess Oberdiek’s account; I will argue that, while Oberdiek’s account does improve upon Keating’s in some important respects, it is ultimately unsatisfactory. (shrink)

There has been some concern m recent years that economic interests in the biotechnology area could, particularly through patenting, have a constricting influence on scientific research. Despite this concern, there have been no studies of this phenomenon beyond isolated cases. In this article we examine the evolution of the biomedical field of hybridoma/monoclonal antibody research with detailed examples of the three types of patent claims that have emerged there—basic claims, claims on application techniques, and claims on specific antibodies. We analyze (...) the impact of these claims and their legal histories on the free flow of scientific information and, the activity of scientific researchers. We conclude that such patent claims present severe restrictions for both, not only in the monoclonal area but in general, amounting to a subtle but significant shift in the political economy of science and technology. (shrink)

Now you can learn from the original, most important source for magic in the Western world that has ever been published, when you get Agrippa'sThree Books of Occult Philosophy. This massive volume was originally published in 1531, and occultists have been drawing on it ever since. Now, Llewellyn is proud to produce the first complete reprint of the original English translation in the last 500 years. Donald Tyson edited this work and removed the hundreds of errors that appeared in the (...) original translation. He also fully annotated the work, to make it understandableand usableby people today. ·Discover what the Renaissance scholar knew about astrology, medicine, history, herbs, geography, animals, angels, devils, Witches, charms, the weather, and a host of other subjects ·Gain immediate reference to a vast amount of arcane, but completely annotated, magical material ·Find corrected drawings of seals, sigils, and magic squares, and correctly represented geomantic figures ·Explore the practical Kabbalah, geomancy, the magic squares, the elements, the humors, and the Soul of the World ·Consult the new Biographical dictionary for background on each of the hundreds of writers and historical figures referred to by Agrippa ·Consult the new Geographical Dictionary for data on referenced rivers, mountains, nations, citiesmany of which now carry different names. The Three Books of Occult Philosophy is the most complete repository of pagan and Neoplatonic magic ever compiled. This book is packed with material you will not find elsewhere, including copious extracts on magic from obscure or lost works by Pythagoras, Ptolemy, Plato, Aristotle, and many others. Tyson's detailed annotations clarify difficult references and provide origins of quotations, even expanding upon them in many cases, in order to make Agrippa's work more accessible to the modern reader. The Three Books of Occult Philosophy is the ultimate "how-to" for magical workings. It describes how to work all manner of divinations and natural and ceremonial magic in such clear and useful detail that it is stillthe guide for modern techniques. The extensive new supplementary material makes this wisdom practical for use today. The Three Books of Occult Philosophy is an essential reference tool for all students of the occult. Get your copy today. (shrink)

This article provides practitioners’ perspectives on preservation of the Irish web space by the National Library of Ireland. The context of this work is outlined including the history of Ireland’s national library, its role, resources and place in library, archive, cultural and digital preservation networks. The development of the NLI Web Archive is discussed within the wider context of the Library’s mission and digital collecting and preservation policies, as well as international approaches to preserving the web. The article looks at (...) how the NLI has developed its selective web archive over the past decade, and has grown the content and access to it as a way to mitigate against the absence of at-scale solutions. The unusual legal context in Ireland regarding legislative barriers to archiving the Irish web space at scale and the NLI’s work for over a decade to change this situation are discussed as are the significant implications of the current legal situation for data loss and long-term access to Ireland’s contemporary record. Distinctive Irish aspects of digital cultural heritage preserved in the NLI Web Archive collections are highlighted. The opportunities and challenges in developing outreach and access for the Web Archive are considered together with its relationship with the collecting activities of the Library’s Born Digital Pilot Projects. This article will also discuss types of usage and user groups in relation to archived Irish web data. Potential for creative and imaginative uses of Irish web archive collections and data are also considered in relation to the Library’s broader public learning and outreach programmes. (shrink)

The increase in ethnically and linguistically diverse older adults in Canada necessitates attention to their experiences and needs for healthy ageing. Arab immigrant women often report challenges in maintaining health, but little is known about their ageing experiences. This interpretive descriptive study uses a transnational life course framework to understand Arab Muslim immigrant women's experiences of engaging in health‐promoting practices as they age in Canada. Women's stories highlight social dimensions of health such social connectedness, social roles and social support that (...) are constructed and maintained within different migration contexts across the life course. Barriers and facilitators to healthy ageing in this population centred around five themes: (i) the necessity of staying strong, (ii) caring for self while caring for others, (iii) double jeopardy of chronic illnesses and loneliness, (iv) inadequate support within large social networks and (v) navigating access to health‐supporting resources. The findings point to transnational connections and post‐migration social support as major influencers in creating facilitators and barriers to healthy ageing for Arab Muslim immigrant women. (shrink)

Sentiment analysis is also known as opinion mining. It has an important role in natural language processing and data mining. It involves extracting and analyzing subjective information from textual data to determine the sentiment. With the advancement of technology, it is increasingly important to understand users' opinions and sentiments regarding a particular product, service or issue. This research aims to optimize the marketing strategy of energy products in SOE subsidiaries through sentiment analysis using the VADER and LSTM methods on social (...) media.The researcher analyzed data from twitter to identify consumer sentiment towards energy products. The results of the analysis show that the combination of VADER and LSTM is effective in identifying the nuances of sentiment, with the accuracy of sentiment classification reaching 85%. Based on the analysis, the researchers developed recommendations for marketing strategies that are more focused and responsive to public perception. This study also highlights the importance of two-way interaction between companies and consumers as part of an effective marketing strategy. The findings of this study are expected to be used as a reference by state-owned companies in the energy sector to improve the effectiveness of their marketing strategies through a sentiment analysis approach on social media. (shrink)

This essay examines the reconfiguration of the racial and sexual contracts underpinning democratic theory and practice in the transition to independence in India. Drawing upon the work of Carole Pateman and Charles Mills, Keating argues that the racialized fraternal democratic order that they describe was importantly challenged by nationalist and feminist struggles against colonialism in India, but was reshaped into what she calls a postcolonial sexual contract by the framers of the Indian Constitution.

How does a social enterprise pursue its ethical mandate of social impact growth while navigating the perils of the most vulnerable stage in a venture’s life—scaling up? We observe a small inclusivity social enterprise attempting to scale up rapidly to create equality for people with disabilities throughout the world. Our embedded, ethnographic study is terminated with the venture’s unfortunate demise after their dramatic effort to scale up failed. By examining scaling decision-making and conflicts around creation reasoning longitudinally, our study identifies (...) over-use of effectual logic—a creation reasoning type considered more ethical and more appropriate for high-innovativeness contexts than causal logic—as a major factor in the venture’s failure. From this insight, we extend the parameters of effectuation theory to scaling up and dimensionalize its ethical implications. Guidance for social entrepreneurs to scale up successfully while maintaining ethical integrity is also provided. (shrink)

The present issue of Journal of World Philosophies will host a series of papers discussing the phenomenon of linguistic communication2 from a philosophical point of view and from a cross-cultural perspective. The papers’ authors discussed the topic together with some other scholars in a workshop in Athens, 2015. The contributions are organized around the following four issues: 1. What do we know? 2. How (through which instrument of knowledge) do we know it? 3. What is the role of language as (...) a medium? 4. What is the role of the social context? (shrink)

John Gregory presents new translations of a selection of key passages from Neoplatonist writings, an introduction that puts in context the writings, and an..

The original version of this article unfortunately contained a mistake. Three entries are incorrect in the reference list. The corrected references are given below.

This dissertation consists in three essays, one in ethics, one in action theory and one at the intersection of these fields. The first essay concerns romantic love, and makes explicit both the psychological needs people commonly expect it to service and the robust yet conditional commitment it demands. The basic ideas are the following: people regularly want to form an intimate union with another, to be loved for properties of certain sorts, and to have this love generate and sustain a (...) distinctive sort of commitment to them. In particular I argue that the third idea has been underarticulated and underappreciated, and its underappreciation has given rise to seeming inconsistencies amongst peoples' wishes for lasting loving relationships. I close with a detailed account of what I term a "loving commitment." ;The second essay is devoted to a detailed examination and assessment of the Doctrine of Double Effect . I argue that in order to employ the DDE to obtain intuitively satisfying moral evaluations it needs to be supplemented by an additional principle or set of principles that specify how various aspects of the relevant action are to be classified as intended or merely foreseen. After discrediting various plausible candidates I offer a puzzle case that seems peculiarly prone to mischaracterization by the DDE. I close with some tentative suggestions as to how the DDE should be considered against the backdrop of our moral practices. ;The third essay is a detailed examination of intention, belief, intentional action, and planning, and the relations obtaining between them. I contend that plans are nothing more than clusters of intentions of greater and lesser range and immediacy and that practical rationality essentially consists in forming and acting on intentions. I then argue that while intentionally acting does not require an intention to perform that very act, Michael Bratman's powerful argument to that effect is ultimately unsatisfying. I propose that the two phenomena diverge because there is a justified belief requirement on intention that does not apply to acting intentionally, and that this justified belief requirement is tied to the intimate relation between intention and rationality. I go on to consider other features of intention, most notably its relations to skillful and habitual activity. (shrink)

T. 1. Beim jungen Augustinus.--T. 2. Die antimanichäische Epoche.

The tidal-wave theory is inspired by the particular morphology of the cerebellar cortex. It elegantly attributes function to the anisotropy of the cerebellar wiring and the geometry of Purkinje cell dendrites. In this commentary, physiological considerations are used to elaborate temporal and spatial constraints of the tidal-wave theory. It is shown, first, that limitations of temporal precision in the cortical inputs to the mammalian cerebellum delimit the spatial resolution of an input sequence (i.e., the minimal distance along the parallel fibers (...) which can detect sequential input) to the range of a millimeter at best. Second, temporal characteristics of Purkinje cell postsynaptic potentials are argued to predict a distance of at least several millimeters along the parallel fiber beam in order to generate a sequence in the cerebellar output. It is concluded that the implementation of tidal waves as a general principle of cerebellar function is questionable as there exist cerebelli too small to match these constraints. (shrink)