Background: Nurses and student nurses in Malawi often encounter challenges in taking a moral course of action. Several studies have demonstrated a need for increased awareness of ethical issues in the nursing education. Objective: To explore the challenges experienced by nurse teachers in Malawi in their efforts to enhance students’ moral competence in clinical practice. Research design: A qualitative hermeneutic approach was employed to interpret the teachers’ experiences. Participants and research context: Individual interviews (N = 8) and a focus group (...) interview with teachers (N = 9) from different nursing colleges were conducted. Ethical considerations: Ethical approval was granted and all participants signed their informed consent. Findings: Two overall themes emerged: (1) authoritarian learning climate, with three subthemes: (a) fear of making critical comments about clinical practice, (b) fear of disclosing mistakes and lack of knowledge and (c) lack of a culture of critical discussion and reflection that promotes moral competence; and (2) discrepancy between expectations on learning outcome from nursing college and the learning opportunities in practice comprising three subthemes: (a) gap between the theory taught in class and learning opportunities in clinical practice, (b) lack of good role models and (c) lack of resources. Discussion: Our findings indicated that showing respect was a central objective when the students were assessed in practice. A number of previous studies have enlightened the need for critical reflection in nursing education. Few studies have linked this to challenges experienced by teachers for development of moral competence in practice. This is one of the first such studies done in an African setting. Conclusion: There is a clear relationship between the two themes. A less authoritarian learning climate may enhance critical reflection and discussion between students, teachers and nurses. This can narrow the gap between the theory taught in college and what is demonstrated in clinical practice. Moral competence must be enhanced in order to ensure patients’ rights and safety. (shrink)

Ethical problems regularly arise during daily care in nursing homes. These include violation of patients' right to autonomy and to be treated with respect. The aim of this study was to investigate how caregivers emphasize daily dialogue and mutual reflection to reach moral alternatives in daily care. The data were collected by participant observation and interviews with seven caregivers in a Norwegian nursing home. A number of ethical problems linked to 10 patients were disclosed. Moral problems were revealed as the (...) caregivers acted in ways that they knew were against patients' interest. We used a theoretical interpretation according to Habermas' discourse ethics on the importance of dialogue when deciding moral courses of action for patients. This theory has four basic requirements: communicative competence, equality, self-determination, and openness about motives. (shrink)

ABSTRACTThis article investigates a virtue-centered approach to normative legal theory in the context of legislation. The core idea of such a theory is that the fundamental aim of law should be the promotion of human flourishing, where a flourishing human life is understood as a life of rational and social activities that express the human excellences. Law can promote flourishing in several ways. Because peace and prosperity are conducive to human flourishing, legislation should aim at the establishment and maintenance of (...) these conditions. The human excellences are developed in childhood and young adulthood by stable and nurturing families and by educational institutions: therefore, the law should support and foster families and schools. Although some critics have argued that an aretaic theory of legislation must support so-called “vice laws,” this is not the case. A virtue-centered approach must take into account the effects produced by criminalization of alcohol, drugs, gambling, and prosti... (shrink)

Student nurses are confronted by many ethical challenges in clinical practice. The aim of the study was to explore Malawian students’ experiences of ethical problems during their clinical placement. A phenomenological hermeneutic design comprising interviews and qualitative content analysis was used. Ten students were interviewed. Three main themes emerged: 1) Conflict between patient rights and the guardians’ presence in the hospital; 2) Conflict between violation of professional values and patient rights caused by unethical behaviour; and 3) Conflict between moral awareness (...) and the ideal course of action. The students had difficulties ensuring patient rights and acting in accordance with western norms and values which are not always appropriate in the Malawian context. The students require role models who demonstrate professional attitudes towards patients’ rights and values. There is a need to create pedagogical strategies in which a caring attitude and ethical reflection can be learned and cultivated in clinical practice. (shrink)

Justice is a natural virtue. Well-functioning humans are just, as are well-ordered human societies. Roughly, this means that in a well-ordered society, just humans internalize the laws and social norms (the nomoi)--they internalize lawfulness as a disposition that guides the way they relate to other humans. In societies that are mostly well-ordered, with isolated zones of substantial dysfunction, the nomoi are limited to those norms that are not clearly inconsistent with the function of law--to create the conditions for human flourishing. (...) In a radically dysfunctional society, humans are thrown back on their own resources--doing the best they can in circumstances that may require great practical wisdom to avoid evil and achieve good. Justice is naturally good for humans--it is part and partial of human flourishing. All of these are natural ethical facts. "Natural Justice" develops these claims in four stages. Part I contextualizes the claim that justice is a natural virtue in relationship to David Hume's famous argument about deriving ought from is, G. E. Moore's open-question argument, and the so-called fact-value distinction. The upshot of the discussion in part I is the claim that there are no clearly decisive objections to existence of natural ethical facts. Part II traces the movement from neo-Aristotelian virtue ethics to virtue jurisprudence by articulating a theory of the judicial virtues. Among these are the virtues of practical wisdom and of justice. Practical wisdom or phronesis is best understood on the model of moral vision, which in the context of law is legal vision or situation sense. The virtue of justice is best understood as lawfulness. Just humans are law-abiding or nomimos--in that they internalize the widely shared and deeply held social norms of their social groups. This part concludes with the claim that a legally correct decision is the decision that characteristically would be rendered by a fully virtuous judge under the circumstances of the case. Part III argues that natural justice can be understood on the model of natural goodness as articulated in the work of Philippa Foot and Michael Thompson. The intuitive idea is that justice as lawfulness is naturally good for reason--using social creatures in human circumstances. This part also articulates and responds to a variety of objections. Part IV concludes by articulating the sense in which an aretaic theory of law that incorporates a natural virtue of justice as lawfulness can be viewed as an expression of the natural law tradition. The natural law idea that an unjust enactment is not a true law corresponds to two senses in which positive laws can fail to be nomoi (in the technical sense specified by virtue jurisprudence). First, a given enactment may contravene deeply held and widely shared social norms. Second, such enactments may be fundamentally inconsistent with the purpose of law--the promotion of human flourishing. (shrink)

Semantic originalism is a theory of constitutional meaning that aims to disentangle the semantic, legal, and normative strands of debates in constitutional theory about the role of original meaning in constitutional interpretation and construction. This theory affirms four theses: (1) the fixation thesis, (2) the clause meaning thesis, (3) the contribution thesis, and (4) the fidelity thesis. -/- The fixation thesis claims that the semantic content of each constitutional provision is fixed at the time the provision is framed and ratified: (...) subsequent changes in linguistic practice cannot change the semantic content of an utterance. -/- The clause meaning thesis claims that the semantic content is given by the conventional semantic meaning (or original public meaning) of the text with four modifications. The first modification is provided by the publicly available context of constitutional utterance: words and phrases that might be ambiguous in isolation can become clear in light of those circumstances of framing and ratification that could be expected to known to interpreters of the Constitution across time. The second modification is provided by the idea of the division of linguistic labor: some constitutional provisions, such as the natural born citizen clause may be terms of art, the meaning of which are fixed by the usages of experts. The third modification is provided by the idea of constitutional implicature: the constitution may mean things it does not explicitly say. The fourth modification is provided by the idea of constitutional stipulations: the constitution brings into being new terms such as House of Representatives and the meaning of these terms is stipulated by the Constitution itself. -/- The contribution thesis asserts that the semantic content of the Constitution contributes to the law: the most plausible version of the contribution thesis is modest, claiming that the semantic content of the Constitution provides rules of constitutional law, subject to various qualifications. Our constitutional practice provides strong evidence for the modest version of the contribution thesis. -/- The fidelity thesis asserts that we have good reasons to affirm fidelity to constitutional law: virtuous citizens and officials are disposed to act in accord with the Constitution; right acting citizens and officials obey the constitution in normal circumstances; constitutional conformity produces good consequences. Our public political culture affirms the great value of the rule of law. -/- We can summarize semantic originalism as a slogan: The original public meaning of the constitution is the law and for that reason it should be respected and obeyed. The slogan recapitulates each of the claims made by semantic originalism, but it is potentially misleading because it does not clearly distinguish between the semantic claims made by the fixation and clause meaning theses, the legal claim made by the contribution thesis, and the normative claim made by the fidelity thesis. -/- Part I introduces the four theses. Part II is entitled An Opinionated History of Constitutional Originalism, and it provides the context for all that follows. Part III is entitled Semantic Originalism: A Theory of Constitutional Meaning, and it lays out the case for original public meaning as the best nonnormative theory of constitutional content. Part IV is entitled The Normative Implications of Semantic Originalism, and it articulates a variety of normative arguments for originalism. Part V is entitled Conclusion: Semantic Originalism and Living Constitutionalism, and it explores the broad implications of semantic originalism for living constitutionalism and the future of constitutional theory. (shrink)

A naturalistic scheme of primitive conceptual representations is proposed using the statistical measure of mutual information. It is argued that a concept represents, not the class of objects that caused its tokening, but the class of objects that is most likely to have caused it (had it been tokened), as specified by the statistical measure of mutual information. This solves the problem of misrepresentation which plagues causal accounts, by taking the representation relation to be determined via ordinal relationships between conditional (...) probabilities. The scheme can deal with statistical biases and does not rely on arbitrary criteria. Implications for the theory of meaning and semantic content are addressed. (shrink)

This paper examines the young Kant’s claim that all motion is relative, and argues that it is the core of a metaphysical dynamics of impact inspired by Leibniz and Wolff. I start with some background to Kant’s early dynamics, and show that he rejects Newton’s absolute space as a foundation for it. Then I reconstruct the exact meaning of Kant’s relativity, and the model of impact he wants it to support. I detail (in Section II and III) his polemic engagement (...) with Wolffian predecessors, and how he grounds collisions in a priori dynamics. I conclude that, for the young Kant, the philosophical problematic of Newton’s science takes a back seat to an agenda set by the Leibniz-Wolff tradition of rationalist dynamics. This results matters, because Kant’s views on motion survive well into the 1780s. In addition, his doctrine attests to the richness of early modern views of the relativity of motion. (shrink)

Could an artificial intelligence become a legal person? As of today, this question is only theoretical. No existing computer program currently possesses the sort of capacities that would justify serious judicial inquiry into the question of legal personhood. The question is nonetheless of some interest. Cognitive science begins with the assumption that the nature of human intelligence is computational, and therefore, that the human mind can, in principle, be modelled as a program that runs on a computer. Artificial intelligence (AI) (...) research attempts to develop such models. But even as cognitive science has displaced behavioralism as the dominant paradigm for investigating the human mind, fundamental questions about the very possibility of artificial intelligence continue to be debated. This Essay explores those questions through a series of thought experiments that transform the theoretical question whether artificial intelligence is possible into legal questions such as, "Could an artificial intelligence serve as a trustee?" What is the relevance of these legal thought experiments for the debate over the possibility of artificial intelligence? A preliminary answer to this question has two parts. First, putting the AI debate in a concrete legal context acts as a pragmatic Occam's razor. By reexamining positions taken in cognitive science or the philosophy of artificial intelligence as legal arguments, we are forced to see them anew in a relentlessly pragmatic context. Philosophical claims that no program running on a digital computer could really be intelligent are put into a context that requires us to take a hard look at just what practical importance the missing reality could have for the way we speak and conduct our affairs. In other words, the legal context provides a way to ask for the "cash value" of the arguments. The hypothesis developed in this Essay is that only some of the claims made in the debate over the possibility of AI do make a pragmatic difference, and it is pragmatic differences that ought to be decisive. Second, and more controversially, we can view the legal system as a repository of knowledge-a formal accumulation of practical judgments. The law embodies core insights about the way the world works and how we evaluate it. Moreover, in common-law systems judges strive to decide particular cases in a way that best fits the legal landscape-the prior cases, the statutory law, and the constitution. Hence, transforming the abstract debate over the possibility of AI into an imagined hard case forces us to check our intuitions and arguments against the assumptions that underlie social decisions made in many other contexts. By using a thought experiment that explicitly focuses on wide coherence, we increase the chance that the positions we eventually adopt will be in reflective equilibrium with our views about related matters. In addition, the law embodies practical knowledge in a form that is subject to public examination and discussion. Legal materials are published and subject to widespread public scrutiny and discussion. Some of the insights gleaned in the law may clarify our approach to the artificial intelligence debate. (shrink)

This chapter contains sections titled: What Does the Indeterminacy Thesis Mean? Is the Law Radically Indeterminate? Is a Modest Version of the Indeterminacy Thesis Defensible? Conclusion References.

This essay explores themes raised by Scott Soames in Chapter Twelve of The World Philosophy Made. Soames’s key contribution is the articulation of a general theory of legal interpretation and more specific theory, Constitutional Deferentialism, that is a form of public meaning originalism. His development of the connections between the philosophy of language and legal interpretation have been especially important and influential.

In this Response, I will investigate the foundations of both shared and unshared meaning in legal communication. Part I takes a step back from contractual communication and offers a preliminary sketch of a general model of legal communication; the sketch draws on speech act theory and the work of Paul Grice, extending and modifying many of the insights developed by Kar and Radin. Part II turns to contractual communication, differentiating distinct “situations of contractual communication” and interrogating Kar and Radin’s Shared (...) Meaning Analysis. Part III interrogates Kar and Radin’s distinction between “contract” and “pseudo-contract.” The conclusion of the Response briefly reflects on the significance of Kar and Radin’s project. (shrink)

Much ink has already been spilled on the relationship of constitutional originalism to precedent. The debate includes contributions from Randy Barnett, Steven Calabresi, Kurt Lash, Gary Lawson, John McGinnis with Michael Rappaport, Michael Paulsen, and Lee Strang, not to mention Justice Antonin Scalia—all representing originalism in some form. Living constitutionalism has also been represented both implicitly and explicitly, with important contributions from Phillip Bobbitt, Ronald Dworkin, Michael Gerhardt, Randy Kozel, and David Strauss. Some writers are more difficult to classify; Akhil (...) Amar comes to mind. And there are many other contributions to the debate. Opinions range from the view that precedent should invariably prevail over the original public meaning of the constitutional text to the polar opposite view, that precedent must give way to original meaning in almost every case. Here is the roadmap. Part I provides a brief introduction to contemporary originalism. Part II describes the problem of precedent for originalism, emphasizing that the nature of the problem depends in part on our understanding of precedent. Part III offers some reflections on the question as to the constitutional status of the doctrine of horizontal stare decisis in the United States Supreme Court. (shrink)

This paper examines the origin, range and meaning of the Principle of Action and Reaction in Kant’s mechanics. On the received view, it is a version of Newton’s Third Law. I argue that Kant meant his principle as foundation for a Leibnizian mechanics. To find a ‘Newtonian’ law of action and reaction, we must look to Kant’s ‘dynamics,’ or theory of matter. I begin, in part I, by noting marked differences between Newton’s and Kant’s laws of action and reaction. I (...) argue that these are explainable by Kant’s allegiance to a Leibnizian mechanics. I show (in part II) that Leibniz too had a model of action and reaction, at odds with Newton’s. Then I reconstruct how Jakob Hermann and Christian Wolff received Leibniz’s model. I present (in Part III) Kant’s early law of action and reaction for mechanics. I show that he devised it so as to solve extant problems in the Hermann-Wolff account. I reconstruct Kant’s views on ‘mechanical’ action and reaction in the 1780s, and highlight strong continuities with his earlier, pre-Critical stance. I use these continuities, and Kant’s earlier engagement with post-Leibnizians, to explain the un-Newtonian features of his law of action and reaction. (shrink)

Much early modern metaphysics grew with an eye to the new science of its time, but few figures took it as seriously as Emilie du Châtelet. Happily, her oeuvre is now attracting close, renewed attention, and so the time is ripe for looking into her metaphysical foundation for empirical theory. Accordingly, I move here to do just that. I establish two conclusions. First, du Châtelet's basic metaphysics is a robust realism. Idealist strands, while they exist, are confined to non-basic regimes. (...) Second, her substance realism seems internally coherent, so her foundational project appears successful.I have two aims in this paper. Historically, I show that du Châtelet's main source of inspiration was Christian... (shrink)

"Procedural Justice" offers a theory of procedural fairness for civil dispute resolution. The core idea behind the theory is the procedural legitimacy thesis: participation rights are essential for the legitimacy of adjudicatory procedures. The theory yields two principles of procedural justice: the accuracy principle and the participation principle. The two principles require a system of procedure to aim at accuracy and to afford reasonable rights of participation qualified by a practicability constraint. The Article begins in Part I, Introduction, with two (...) observations. First, the function of procedure is to particularize general substantive norms so that they can guide action. Second, the hard problem of procedural justice corresponds to the following question: How can we regard ourselves as obligated by legitimate authority to comply with a judgment that we believe (or even know) to be in error with respect to the substantive merits? The theory of procedural justice is developed in several stages, beginning with some preliminary questions and problems. The first question - what is procedure? - is the most difficult and requires an extensive answer: Part II, Substance and Procedure, defines the subject of the inquiry by offering a new theory of the distinction between substance and procedure that acknowledges the entanglement of the action-guiding roles of substantive and procedural rules while preserving the distinction between two ideal types of rules. The key to the development of this account of the nature of procedure is a thought experiment, in which we imagine a world with the maximum possible acoustic separation between substance and procedure. Part III, The Foundations of Procedural Justice, lays out the premises of general jurisprudence that ground the theory and answers a series of objections to the notion that the search for a theory of procedural justice is a worthwhile enterprise. Sections II and III set the stage for the more difficult work of constructing a theory of procedural legitimacy. Part IV, Views of Procedural Justice, investigates the theories of procedural fairness found explicitly or implicitly in case law and commentary. After a preliminary inquiry that distinguishes procedural justice from other forms of justice, Part IV focuses on three models or theories. The first, the accuracy model, assumes that the aim of civil dispute resolution is correct application of the law to the facts. The second, the balancing model, assumes that the aim of civil procedure is to strike a fair balance between the costs and benefits of adjudication. The third, the participation model, assumes that the very idea of a correct outcome must be understood as a function of process that guarantees fair and equal participation. Part IV demonstrates that none of these models provides the basis for a fully adequate theory of procedural justice. In Part V, The Value of Participation, the lessons learned from analysis and critique of the three models are then applied to the question whether a right of participation can be justified for reasons that are not reducible to either its effect on the accuracy or its effect on the cost of adjudication. The most important result of Part V is the Participatory Legitimacy Thesis: it is (usually) a condition for the fairness of a procedure that those who are to be finally bound shall have a reasonable opportunity to participate in the proceedings. The central normative thrust of Procedural Justice is developed in Part VI, Principles of Procedural Justice. The first principle, the Participation Principle, stipulates a minimum (and minimal) right of participation, in the form of notice and an opportunity to be heard, that must be satisfied (if feasible) in order for a procedure to be considered fair. The second principle, the Accuracy Principle, specifies the achievement of legally correct outcomes as the criterion for measuring procedural fairness, subject to four provisos, each of which sets out circumstances under which a departure from the goal of accuracy is justified by procedural fairness itself. In Part VII, The Problem of Aggregation, the Participation Principle and the Accuracy Principle are applied to the central problem of contemporary civil procedure - the aggregation of claims in mass litigation. Part VIII offers some concluding observations about the point and significance of Procedural Justice. (shrink)

This essay investigates a familiar set of questions about the relationship between legal texts (e.g., constitutions, statutes, opinions, orders, and contracts) and the content of the law (e.g., norms, rules, standards, doctrines, and mandates). Is the original meaning of the constitutional text binding on the Supreme Court when it develops doctrines of constitutional law? Should statutes be given their plain meaning or should judges devise statutory constructions that depart from the text to serve a purpose? What role should default rules (...) play in the interpretation and construction of contracts? This essay makes two moves that can help lawyers and legal theorists answer these questions. First, there is a fundamental conceptual distinction between "communicative content" (the linguistic meaning communicated by a legal text in context) and "legal content" (the doctrines of the legal rules associated with a text). Second, the relationship between communicative content and legal content varies with context; different kinds of legal texts produce different relationships between linguistic meaning and legal rules. (shrink)

The interpretation-construction distinction, which marks the difference between linguistic meaning and legal effect, is much discussed these days. I shall argue that the distinction is both real and fundamental – that it marks a deep difference in two different stages in the way that legal and political actors process legal texts. My account of the distinction will not be precisely the same as some others, but I shall argue that it is the correct account and captures the essential insights of (...) its rivals. This Essay aims to mark the distinction clearly! The basic idea can be explained by distinguishing two different moments or stages that occur when an authoritative legal text is applied or explicated. The first of these moments is interpretation – which I shall stipulate is the process that recognizes or discovers the linguistic meaning or semantic content of the legal text. The second moment is construction – which I shall stipulate is the process that gives a text legal effect. I shall then claim that the difference between interpretation and construction is real and fundamental. Although the terminology could vary, legal theorists cannot do without the distinction. One more preliminary point: the topic of this Essay is narrow and conceptual. This Essay, has three goals: to explicate the nature of the interpretation-construction distinction, to argue that this distinction marks a real difference, and to suggest that the distinction is helpful in that it enables legal theorists to clarify the nature of important debates, for example debates about constitutional interpretation. The Essay does not offer any particular theory of interpretation or construction – that it is, it remains agnostic about questions as to how linguistic meaning can be discerned or how legal content ought to be determined. Nor does this theory offer an account of the history and origins of the distinction. Those topics are important, but raising them in this Essay might shift attention away from prior questions about the nature and value of the distinction itself. Here is the roadmap. In Part II, this Essay shall discuss two preliminary sets of ideas: vagueness and ambiguity, and semantic content and legal content. In Part III, this Essay shall use these preliminary ideas to answer the questions, "What is interpretation?" and "What is construction?" In Part IV, this Essay shall consider some objections to the interpretation-construction distinction. In Part V, this Essay shall develop the argument that the distinction is fundamental and indispensable. (shrink)

Newton rested his theory of mechanics on distinct metaphysical and epistemological foundations. After Leibniz's death in 1716, the Principia ran into sharp philosophical opposition from Christian Wolff and his disciples, who sought to subvert Newton's foundations or replace them with Leibnizian ideas. In what follows, I chronicle some of the Wolffians' reactions to Newton's notion of absolute space, his dynamical laws of motion, and his general theory of gravitation. I also touch on arguments advanced by Newton's Continental followers, such as (...) Leonhard Euler, who made novel attempts to defend his mechanical foundations against the pro-Leibnizian attack. This examination grants us deeper insight into the fate of Newton's mechanics on the Continent during the early eighteenth century and, more specifically, sheds needed light on the conflicts and tensions that characterized the reception of Newton's philosophy of mechanics among the Leibnizians. (shrink)

“Virtue jurisprudence” is a normative and explanatory theory of law that utilises the resources of virtue ethics to answer the central questions of legal theory. The main focus of this essay is the development of a virtue–centred theory of judging. The exposition of the theory begins with exploration of defects in judicial character, such as corruption and incompetence. Next, an account of judicial virtue is introduced. This includes judicial wisdom, a form of phronesis, or sound practical judgement. A virtue–centred account (...) of justice is defended against the argument that theories of fairness are prior to theories of justice. The centrality of virtue as a character trait can be drawn out by analysing the virtue of justice into constituent elements. These include judicial impartiality (even–handed sympathy for those affected by adjudication) and judicial integrity (respect for the law and concern for its coherence). The essay argues that a virtue–centred theory accounts for the role that virtuous practical judgement plays in the application of rules to particular fact situations. Moreover, it contends that a virtue–centred theory of judging can best account for the phenomenon of lawful judicial disagreement. Finally, a virtue–centred approach best accounts for the practice of equity, departure from the rules based on the judge’s appreciation of the particular characteristics of individual fact situations. [ABSTRACT FROM AUTHOR]. (shrink)

Aurel Codobon, Amurgul iubirii, Editura Idea, Cluj, 2004.

This paper studies definability within the theory of institutions, a version of abstract model theory that emerged in computing science studies of software specification and semantics. We generalise the concept of definability to arbitrary logics, formalised as institutions, and we develop three general definability results. One generalises the classical Beth theorem by relying on the interpolation properties of the institution. Another relies on a meta Birkhoff axiomatizability property of the institution and constitutes a source for many new actual definability results, (...) including definability in (fragments of) classical model theory. The third one gives a set of sufficient conditions for 'borrowing' definability properties from another institution via an 'adequate' encoding between institutions. The power of our general definability results is illustrated with several applications to (many-sorted) classical model theory and partial algebra, leading for example to definability results for (quasi-)varieties of models or partial algebras. Many other applications are expected for the multitude of logical systems formalised as institutions from computing science and logic. (shrink)

The aim of our commentary is to strengthen Cowan's proposal for an inherent capacity limitation in STM by suggesting a neurobiological mechanism based on competitive networks and nonlinear oscillations that avoids some of the shortcomings of the scheme discussed in the target article (Lisman & Idiart 1995).

This essay explores two ideas that have recently played an important role in discourse about the American constitutional order. The first idea has emerged from the revival of civic republicanism. The republican revival has focused our attention on the classical conception of civic virtue. Our basic social arrangements ought to nourish a citizenry with the characteristics of mind and will that promote human flourishing. The second idea, expressed in critical race theory and feminist jurisprudence, is that we have an obligation (...) as a society and as scholars to attend to excluded voices. The juxtaposition of these two themes offers an opportunity to explore the relationship between classical philosophy and the American constitutional order. Civic republicanism is a complex set of ideas that has developed over the course of two millennia; understanding the republican revival requires a recognition that there are many strands in republican thought-that republicanism is itself a contested concept. In order to untangle the strands, I will examine classical moral and political philosophy, especially the work of Aristotle and Machiavelli, in relation to the work of the architects of the republican revival, including Frank Michelman, Suzanna Sherry, Cass Sunstein, and others. (shrink)

In climate science, observational gridded climate datasets that are based on in situ measurements serve as evidence for scientific claims and they are used to both calibrate and evaluate models. However, datasets only represent selected aspects of the real world, so when they are used for a specific purpose they can be a source of uncertainty. Here, we present a framework for understanding this uncertainty of observational datasets which distinguishes three general sources of uncertainty: (1) uncertainty that arises during the (...) generation of the dataset; (2) uncertainty due to biased samples; and (3) uncertainty that arises due to the choice of abstract properties, such as resolution and metric. Based on this framework, we identify four different types of dataset ensembles — parametric, structural, resampling, and property ensembles—as tools to understand and assess uncertainties arising from the use of datasets for a specific purpose. We advocate for a more systematic generation of dataset ensembles by using these sorts of tools. Finally, we discuss the use of dataset ensembles in climate model evaluation. We argue that a more systematic understanding and assessment of dataset uncertainty is needed to allow for a more reliable uncertainty assessment in the context of model evaluation. The more systematic use of such a framework would be beneficial for both scientific reasoning and scientific policy advice based on climate datasets. (shrink)

I examine here if Kant can explain our knowledge of duration by showing that time has metric structure. To do so, I spell out two possible solutions: time’s metric could be intrinsic or extrinsic. I argue that Kant’s resources are too weak to secure an intrinsic, transcendentally-based temporal metrics; but he can supply an extrinsic metric, based in a metaphysical fact about matter. I conclude that Transcendental Idealism is incomplete: it cannot account for the durative aspects of experience—or it can (...) do so only with help from a non-trivial metaphysics of material substance. (shrink)

Annette von Droste-Hülshoff’s fragment ›Ledwina‹, like its homonymous protagonist, has a primarily medial, and therefore transmissive, profile. This profiling is based on Ledwina’s suffering which at the same time provides the material for overcoming it. Assuming a – tentatively formulated – poetics of decrescence, this specific constellation can be traced insofar as the dwindling but not completely disappearing (text) body is concerned with its epistemic-poetological potential. A potential which allows for the aesthetic and human pathological approaches to (literary) figures of (...) suffering to be reconfigured. The concept of trans-corporeality (S. Alaimo) clarifies this reconfiguration. From this perspective, the text opens up to an ethics of vulnerability and puts the impositions of a standardizing health episteme up for discussion. (shrink)

This essay investigates the indeterminacy thesis - roughly the claim that the content of authoritative legal materials (such as the texts of constitutions, statutes, cases, rules, and regulations) does not determine the outcome of particular legal disputes. The indeterminacy thesis can be formulated as either "strong" or weak." The strong version of the indeterminacy thesis is demonstrably false, but several weak versions of the thesis are true but lack the radical implications of strong indeterminacy.The strong indeterminacy thesis is the claim (...) that all cases are "hard" cases - or that in any case any conceivable result can be derived from existing legal doctrine. Strong indeterminacy does not hold if there are easy cases - cases in which some outcomes cannot be legally correct. For example, if it were the case that the first paragraph of this abstract did not slander Gore Vidal, then there would be at least one easy case, and strong indeterminacy would be false.Weak versions of the indeterminacy thesis include the claim that important cases are indeterminate, that the law does not necessarily determine outcomes, or that every case could become indeterminate if political conditions supported indeterminacy. These weaker claims may be true, but they lack the critical bite associated with strong indeterminacy.The essay also distinguishes between "determinacy," "indeterminacy," and "underdeterminacy." The law is "determinate" with respect ot a given case if and only if the set of results that can be squared with the legal materials contains only one member. The law is "indeterminate" with respect to a given case if and only if the set of results that can be squared with the legal materials is identical with the set of all imaginable results. The law is "underdeterminate" with respect to a given case if and only if the set of results that can be squared with the legal materials is a nonidentical subset of the set of all imaginable results.This article was first published in 1987, and some of the author's views have been revised in interim. (shrink)

This essay proposes a brief reflection on language, considering Patristic apophaticism, as seen in the works of the Cappadocian Fathers, Dionysius and Maximus the Confessor. It discusses Heidegger’s critique of onto-theology and his Letter on Humanism, where language is called “the House of Being”. It tries to show that, according to Patristic apophaticism, the human nous is instead the “House of Being”. The difference between Heidegger and Patristic thought lies in how Being is understood. It also notes that the Letter (...) on Humanism displays a potential openess to the “energetic theory of language”, which characterises Patristic apophaticism. (shrink)

This article introduces the concept of spiritual intelligence in terms of a natural human ability to take a different perspective on reality rather than an extraordinary ability to engage with a different/supernatural reality. From a cognitive perspective, spiritual intelligence entails a re‐balancing of the two main modes of human cognition, with a prioritization of the holistic‐intuitive mind over the conceptual one. From the psychological and phenomenological perspectives, it involves a different kind of engagement with information: slower, more participatory, less objectifying, (...) and not focused entirely on problem solving. The article ends with a reflection on the theological implications of the proposed model and how such an account of spiritual intelligence as knowing differently might relate to theological anthropology and the theology of the spirit and the spiritual. (shrink)

The growth of the Pentecostal movement in the global south implies that its pneumatological emphases be noticed by other Christian traditions, including the hermeneutical processes followed to interpret the Bible, the Christians’ source of revelation about God. The aim of this article is to reflect on the role of the Spirit in the hermeneutical process, and it is done based on two traditions, the Reformed and Pentecostal movements, both of which play an important role within South African Christianity. Whilst the (...) Reformed tradition, for the better part, concentrates on scientific and rational hermeneutics, in part neglecting the subjective influence of the Spirit in the processes of interpretation, John Calvin uses it as a hermeneutical principle. An attempt is made to compare and contrast Calvin’s and classical Pentecostals’ views by way of a comparative literature study. It is concluded that a pneumatological basis should serve as a condition for representative biblical hermeneutics. It implies that the church can benefit from revisiting its hermeneutics ecumenically with a definite consideration of the role of the Spirit in the processes of interpreting the Bible for contemporary people. Contribution: In reading and interpreting the Bible, what role does the Holy Spirit play? The article asserts that a pneumatological basis should serve as a condition for representative biblical hermeneutics by comparing John Calvin’s and Pentecostals’ view of the subjective influence of the Spirit, concluding that an ecumenical revisiting of hermeneutics is necessary. (shrink)

I explain and assess here Huygens’ concept of relative motion. I show that it allows him to ground most of the Law of Inertia, and also to explain rotation. Thereby his concept obviates the need for Newton’s absolute space. Thus his account is a powerful foundation for mechanics, though not without some tension.

I argue that the key dynamical concepts and laws of Newton's Principia never gained a solid foothold in Germany before Kant in the 1750s. I explain this absence as due to Leibniz. Thus I make a case for a robust Leibnizian legacy for Enlightenment science, and I solve what Jonathan Israel called “a meaningful historical problem on its own,” viz. the slow and hesitant reception of Newton in pre-Kantian Germany.

Philosophy and Phenomenological Research, EarlyView.

I examine here if Kant’s metaphysics of matter can support any late-modern versions of classical mechanics. I argue that in principle it can, by two different routes. I assess the interpretive costs of each approach, and recommend the most promising strategy: a mass-point approach.

Much scholarship has claimed the physics of Emilie du Châtelet’s treatise, Institutions de physique, is Newtonian. I argue against that idea. To do so, I distinguish three strands of meaning for the category ‘Newtonian science,’ and I examine her book against them. I conclude that her physics is not Newtonian in any useful or informative sense. To capture what is specific about it, we need better interpretive categories.

The thesis of "Freedom of Communicative Action" is that Jurgen Habermas's theory of communicative action illuminated the deep structure of the First Amendment freedom of speech. Haberams's theory takes speech act theory as its point of departure. Communicative action coordinates indivudal behavior through rational understanding. Communicative action is distinguished from strategic action--the use of communication to manipulate, deceive, or coerce. Part I offers an introduction. Part II outlines a hermeneutic approach to interpretation of the First Amendent. Part III explores and (...) criticizes existing theories of the freedom of speech. Part IV explicates Habermas's theory of communicative action. Part V developes a theory of the freedom of expression based on Habermas's theory of communication. Part VI applies that theory to particular problems in free speech doctrine. Part VII draws some conclusions about the implications of this exercise for the development of doctrine and the theory of communicative action. "Freedom of Communicative Action" was published in 1989, and some of the views expressed in the article are no longer affirmed by the author. (shrink)

The standardised randomised clinical trial (RCT) has been exceedingly popular in medical research, economics, and practical policy making. Recently, RCTs have faced criticism. First, it has been argued by John Worrall that we cannot be certain that our sample is not atypical with regard to possible confounding factors. I will argue that at least in the case of medical research, we know enough about the relevant causal mechanisms to be justified to ignore a number of factors we have good reason (...) not to expect to be disruptive. I will also argue against an argument provided by Nancy Cartwright and Eileen Munro that RCTs should not be taken to deductively infer probabilistic causal claims, but ampliatively. The paper will end on a discussion of evidence hierarchies and a defence of the stance of evidence-based medicine that RCTs are the best available method to assess a treatment’s efficacy. (shrink)