Contemplating the nature, practice and study of private law, this comprehensive book offers a detailed overview of private law's theoretical dimensions. It promotes a reflective attitude towards the topic, encouraging the reader to question how private law is practiced and studied, what this implies for their own engagement in the field and what kind of private lawyer they want to be. Marc Loth explores the central notion that private law is a multi-layered system which can only be fully (...) apprehended in context. This thought-provoking book draws on examples from a range of legal systems to provide philosophical perspectives on the diverse dimensions of private law. Chapters examine the concept, history, language, values, methods and discipline of private law, as well as legal professionalism and the expertise of the private lawyer. Private Law in Context will be a key resource for scholars and postgraduate students interested in legal theory, legal philosophy, law and society and the nature of private law as a system and a practice. (shrink)

This paper addresses the principle of legal certainty, which was central in the work of Bob Brouwer. He both regretted and disputed the decline of this principle in the theory and practice of law, trying to defend it against the spirit of the time. I argue that this attempt was in vain, because it opposes recent developments in law, as is illustrated by a notorious case of the European Court of Human Rights. Moreover, these developments invoke a constructivist account of (...) legal certainty, which opposes Brouwer’s legal positivist account. Additionally, this meta-level shows that legal certainty in its classical form is indefensible, which – of course – does not mean that it is senseless altogether. On the contrary, the principle of legal certainty does have meaning in current legal systems, and it is the task of new generations of young scholars to try to get a grip on it. In doing so, they will undoubtedly make use of Brouwer’s work, which excels both in the depth of thinking and the clarity of writing. (shrink)

It is often presumed that the laws of nature have special significance for scientific reasoning. But the laws' distinctive roles have proven notoriously difficult to identify--leading some philosophers to question if they hold such roles at all. This study offers original accounts of the roles that natural laws play in connection with counterfactual conditionals, inductive projections, and scientific explanations, and of what the laws must be in order for them to be capable of playing these roles. Particular attention is given (...) to laws of special sciences, levels of scientific explanation, natural kinds, ceteris-paribus clauses, and physically necessary non-laws. (shrink)

Philosophy and Phenomenological Research, Volume 99, Issue 3, Page 714-719, November 2019.

Many philosophers argue that explanatoriness plays no special role in confirmation – that “inference to the best explanation” (IBE) incorrectly demands giving hypotheses extra credit for their potential explanatory qualities beyond the credit they already deserve for their predictive successes. This paper argues against one common strategy for responding to this thought – that is, for trying to fit IBE within a Bayesian framework. That strategy argues that a hypothesis’ explanatory quality (its “loveliness”) contributes either to its prior probability or (...) to its likelihood. This paper argues that this strategy fails because it must give different treatments to two hypotheses that are unlovely for the very same reason. The strategy therefore loses the insight into scientific reasoning that its reconstruction in terms of IBE is supposed to provide. The paper then provides a Bayesian account of the confirmatory role of explanatoriness that represents explanatory quality as having an impact in the same place for two hypotheses that are unlovely for the very same reason. This approach works by “putting explanation back into IBE” – that is, by invoking hypotheses that refer explicitly to scientific explanation and by invoking the agent's background opinions regarding the kind of explanation that the evidence is liable to have. On this approach, there is no list of “explanatory virtues” the possession of which always helps to make an explanation better. Rather, for different facts, there are different characteristics that our background knowledge of other explanations gives us some reason to expect the given fact's explanation to possess. (shrink)

Why do forces compose according to the parallelogram of forces? This question has been controversial; it is one episode in a longstanding, fundamental dispute regarding which facts are not to be explained dynamically. If the parallelogram law is explained statically, then the laws of statics are separate from and “transcend” the laws of dynamics. Alternatively, if the parallelogram law is explained dynamically, then statical laws become mere corollaries to the dynamical laws. I shall attempt to trace the history of this (...) controversy in order to identify what it would be for one or the other of these rival views to be correct. I shall argue that various familiar accounts of natural law not only make it difficult to see what the point of this dispute could have been, but also improperly foreclose some serious scientific options. I will sketch an alternative account of laws that helps us to understand what this dispute was all about. (shrink)

In recent years, a number of cultural theorists have made important contributions to the study of the body’s surface. Despite their importance, however, none of these contributions provides us with a systematic framework for understanding why the body’s surface — its skin — matters to the extent that it does. In this article, I seek to provide such a framework and, in doing so, to shed light on why the skin and the self seem to share a special and sometimes (...) strained relationship. To this end, I will present a critical introduction to the work of two contemporary Anglo-American psychoanalysts: Esther Bick and Thomas Ogden. Throughout this introduction, I will show how both Bick and Ogden — despite the fact that they are almost completely unknown outside clinical circles — offer up a host of conceptual tools that could prove useful to cultural theorists interested in making sense of the relationship between the skin and the self. (shrink)

This paper distinguishes an index ordering and a social ordering function as a simple way to formalize the indexing problem in the social choice framework. Two main conclusions are derived. First, the alleged dilemma between welfarism and perfectionism is shown to involve a third possibility, exemplified by the fairness approach to social choice. Second, the idea that an individual is better off than another whenever he has more (goods, functionings, etc.) in all dimensions, which is known to enter in conflict (...) with the Pareto principle, can be partly salvaged by adopting the fairness approach. (shrink)

We argue that the economic evaluation of health care (cost–benefit analysis) should respect individual preferences and should incorporate distributional considerations. Relying on individual preferences does not imply subjective welfarism. We propose a particular non-welfarist approach, based on the concept of equivalent income, and show how it helps to define distributional weights. We illustrate the feasibility of our approach with empirical results from a pilot survey.

In Marshall's Tendencies, John Sutton provides a wide-ranging and thought-provoking set of reflections about economic modelling and the relationship between theory and data. With a handful of suggestive examples and a transparent and elegant style, he manages to maintain a clarity of presentation that makes his thoughts accessible to a large audience while leading the reader into the heart of the difficulties of economic theory in matters of empirical testing.

In a notable article entitled “What is the Theory of Relativity?” written at the request of The Times and published in its November 28, 1919 edition, Albert Einstein famously distinguished “theories of principle” from “constructive theories.” Einstein placed relativity theory among the principle theories. His distinction has recently received increased attention, especially as it relates to scientific explanation. In particular, there has been considerable discussion of how to explain why there obtain the Lorentz transformations as well as of how to (...) account for the Lorentz covariance of the dynamical laws. Some .. (shrink)

This text discusses the impact of immersive technologies on our identity and relationship to digital and analogue modalities in a non-normative way. It references the work of Joseph Beuys, specifically his iconic performance of being confined with a coyote in a gallery space for three days, to construct connections between borders, edges, limits and identity, face presentation, representation and projection towards ourselves and our audiences. We reference the works of Marcel Duchamp and George Orwell and compare the immersive devices of (...) the nineteenth century to current technology. Various works of art and literature are used to illustrate the impact of technology on society and the individual’s relationship to the collective imagination. The text raises questions about the limits or nonlimits of exposure of identity through machinic and technological devices or processes in the context of privacy of expression in a contemporary networked world. (shrink)

In order to be able to provide informed, effective and responsive mental health care and to do so in an evidence‐based, collaborative and recovery‐focused way with those who use mental health services, there is a recognition of the need for mental health professionals to possess sophisticated critical thinking capabilities. This article will therefore propose that such capabilities can be productively situated within the context of the work of the French philosopher Michel Foucault, one of the most challenging, innovative and influential (...) thinkers of the 20th century. However, rather than focusing exclusively upon the content of Foucault's work, it will be suggested that it is possible to discern a general methodological approach across that work, a methodological approach that he refers to as “the history of the present.” In doing so, Foucault's history of the present can be understood as a productive, albeit provisional, framework in which to orientate the purpose and process of critical thinking for mental health professionals by emphasizing the need to both historicize and politicize the theoretical perspectives and therapeutic practices that characterize contemporary mental health care. (shrink)

Wilson derives various broad philosophical morals from the scientific role played by the Principle of Virtual Work. He argues roughly that PVW conditionals cannot be understood in terms of things as large as possible worlds; that PVW conditionals are peculiar and so cannot be accommodated by general accounts of counterfactuals, thereby reflecting the piecemeal character of scientific practice and standing at odds with the one-size-fits-all approach of “analytic metaphysicians”; and that PVW counterfactuals are not made true partly by natural laws. (...) I distinguish, elaborate and critically examine various arguments for these morals suggested by the PVW and Wilson’s text, looking especially at what makes a displacement “virtual” and the operation of the conditionals that the PVW takes to express necessary and sufficient conditions for equilibrium. Ultimately, I do not find the PVW to be especially well suited to support Wilson’s morals; some of these arguments fail, whereas others arise from general considerations rather than having to appeal to anything like the PVW. (shrink)

Reichle et al. claim to successfully simulate a frequency effect of 60% on skipping rate in human data, whereas the original article reports an effect of only 4%. We suspect that the deviation is attributable to the length of the words in the different conditions, which implies that E-Z Reader is wrong in its conception of eye guidance between words.

This research topic will review and further explore the nature of the mutual influence between time and causality, how causal knowledge is constructed in the context of time, and how it in turn shapes and alters our perception of time. We aim to draw together literatures from the perception and cognitive science, and welcome experimental as well as theoretical papers. Contributions investigating the neural bases of binding and causal learning/perception, methodological advances, as well as articles addressing functional implications of causal (...) learning and perception in real time are also welcome. (shrink)

Wakefield doesn't mind my focus on parallels between addiction and love. But love can fall outside the bounds of what evolution intended. So, he claims, comparing addiction with love does not preclude a naturally defined "disorder." I counter with the argument that evolution handed us such highly general response systems, the bounds of normality cannot be defined.

The question of whether relics which were part of the historical body of Jesus could exist, arose in the first decades of the 12th century, as the monks of St. Medard des Soissons claimed to have a tooth of Jesus. Based on historical and theological reasoning it seemed to Guibert of Nogent impossible that this kind of relic could exist or that they could mediate the redemption which Christ attained on the Cross. According to him, the prize of salvation could (...) only be mediated through the eucharist. Guibert perceived a twofold mediality of the eucharist which at the same time reprents the holy body of Christ and mediates salvation. This medial dimension of the eucharist is denoted with the term figura. Since the Second Eucharist Debate and as a result of the criticism of Berengar of Tours the term figura became precarious. The discussion between Berengar and his opponents such as Durandus of Troarn, Guitmund of Adversa, Alger of Liège about the term figura can be viewed as a debate concerning mediality. (shrink)

We examined the relationship between sleep and the affective components of subjective well-being as well as psychological well-being, and between sleep and academic performance, of full-time undergraduate students in a residential college at the National University of Singapore. The aspects of sleep considered were self-reported sleep duration, sleep efficiency, frequency of sleep disturbances, daytime dysfunction, sleep latency and overall sleep quality, as measured by the Pittsburgh Sleep Quality Index. Academic performance was measured using self-reported cumulative average point scores, typically known (...) as grade point average in other institutions. Psychological well-being and the affective components of subjective well-being were assessed using the Flourishing Scale and the Scale of Positive and Negative Experience, respectively. With the exception of sleep latency, our univariate analysis revealed significant associations between the abovementioned facets of sleep, and the affective components of subjective well-being. The analysis also revealed significant associations between the above sleep variables and psychological well-being, except sleep latency and frequency of sleep disturbances. Only daytime dysfunction was found to be significantly correlated with academic performance in our univariate analysis. In addition, our multivariate analysis shows that psychological well-being, affect balance and academic performance each has a direct effect on overall sleep quality. The relationship between overall sleep quality and psychological well-being is U-shaped, while that between overall sleep quality and affect balance is linear and moderated by psychological well-being. The relationship between overall sleep quality and academic performance is either U-shaped or an inverted-U, depending on the level of psychological well-being, which moderates the relationship. These nonlinear relationships indicate that individuals with the highest levels of psychological well-being are not the best sleepers, neither are the highest academic achievers necessarily the best sleepers. (shrink)

Un des principaux intérêts de la linguistique antique dans l'aire grécoromaine est la pluralité des points de vue portés sur le langage, la diversité des modes d'approche et d'analyse du domaine abordé: le langage n'était pas perçu de la même façon selon qu'il était analysé sous l'angle de la grammaire, de la rhétorique ou de la philosophie, et l'histoire des idées linguistiques de l'Antiquité est faite de la combinaison de ces points de vue. Cette pluralité a entraîné dans l'Antiquité elle-même (...) d'incessants problèmes de frontières entre les différentes disciplines concernées, avec toutes sortes d'exclusions, de tentatives hégémoniques, de contestations et de redéfinitions de chacun des domaines. Curieusement, le traitement moderne de l'histoire de la linguistique antique a volontiers reproduit cette situation conflictuelle: il est constant au XIXe siècle, et au XXe siècle jusqu'à une date récente, de présenter la grammaire comme «fille de la philosophie», non pas tant pour souligner une filiation génétique quelconque que pour installer un rapport hiérarchique et afficher d'entrée de jeu la primauté de la philosophie et l'incapacité supposée de la linguistique antique à s'affranchir de ses origines et à fonder l'autonomie de son champ d'analyse. À vrai dire, cette vision des choses avait changé depuis une vingtaine d'années, les chercheurs renonçant à cette conception, au profit d'une étude de la spécificité de chaque point de vue. Cependant, peut-être parce que chaque génération cherche à se démarquer de la précédente, une jeune chercheuse, Frédérique Ildefonse, propose dans cette Naissance de la grammaire dans l'Antiquité grecque une reprise de l'interprétation «philosophique» de la linguistique antique, et à vrai dire il n'est pas inintéressant en effet de réexaminer aujourd'hui, à l'aune des progrès accomplis ces dernières années, ce qui était le socle de la réflexion d'un Lersch ou d'un Steinthal. (shrink)