ABSTRACT The article examines Old English claims to catholic ‘liberty of conscience’ and the way in which this engendered a discussion of English liberties in Ireland. Old English representatives sought to ground their claims to ‘liberty of conscience’ in established practice, custom and law. Their claims to ‘liberty of conscience’ also brought into play the vocabulary of corporate and parliamentary liberty. In response, New English protestants turned to ideas of duty and citizenship, which were equally embedded in conceptions of English (...) liberties. They argued that a catholic ‘conscience’ sat in opposition to ideas of duty to the king and the commonwealth. In doing so, the New English questioned both the basis and extent of the liberties possessed by the Old English. Such an exchange, this article argues, is illustrative of the way in which an English pairing of liberties, with ideas of duty and active citizenship, opened up an area of dispute involving a shared set of political concepts and vocabulary. (shrink)

Deep-seated intellectual problems lie at the root of explaining religious change in the sixteenth century. The idea of reformatio denoted a return to an original, pristine order. It was about recov...

THIS PAPER CONCERNS A CONTROVERSY about priorities between J. D. Forbes, Professor of Natural Philosophy at the University of Edinburgh, and the noted Swiss scientist Louis Agassiz, later to be a distinguished teacher at Harvard. Its origins lie in the visit which Forbes made at Agassiz' invitation to the Unteraar glacier in Switzerland, in the summer of 1841, during which a major topic of interest was their observations of the bandes bleues, markings in the ice previously little discussed. Both men, (...) in independent later publications, were to establish the importance of the bandes in the theory of glacial ice and its movement. The question of credit for the discovery, and priority in its publication, was unclear at the time and has remained so despite bitter debate. Examination of surviving papers in Great Britain and in Switzerland suggests that previous discussions have not closed the question,' and our purpose is to review the evidence and if possible to clarify the issue. (shrink)

As their title suggests, "legal philosophers" are more philosophers than lawyers; they are in the business of thinking generally about law rather than doing law in any practical way. While lawyers tend to be jurisdiction-specific in their affiliations and competence, legal philosophers are under no such restriction. At their most ambitious, legal philosophers claim dominion over a jurisprudential realm that is delineated by neither geography nor history. Indeed, presenting themselves as intellectual citizens of the whole legal world, their crafted contributions (...) are not intended to be judged by the contingent standards of local usefulness, but by the pure canons of universal validity. As such, the professional commitment and authority of legal philosophers is based upon their capacity to deal with parochial matters of law, but in a way that rises above and is not reducible to their local circumstances. Accordingly, while these legal philosophers might talk about morality and politics as they relate to law, they do so only in the most theoretical and abstract terms. For them, philosophy inhabits the realm of "truth and necessity" in which the contingent and the local holds little or no analytical sway. The contemporary champion of legal philosophy is undoubtedly Joseph Raz. His extensive and sophisticated work represents the high-water mark of analytical jurisprudence. With the recent publication of Between Authority and Interpretation, he has provided an accessible and stylish showcase of his philosophical theory of law that is as rigorous and demanding as it is provocative and controversial. Because this book builds on as it clarifies and develops the main themes of his work over the past four decades, it offers itself as a convenient focus for a more general assessment of Raz's whole oeuvre. In traversing law's terrain, he is adamant that, whatever the purposes and methods of other disciplines (e.g., sociology, history, anthropology, etc.), any philosophical analysis worth its name must concern itself with delivering insights and understanding about law that are of universal significance. While general conclusions about local laws and systems are important and helpful, they will have no philosophical value unless they can say something general and enduring about law as an institutional phenomenon. A corollary of this is that legal philosophy must insulate itself from contingent moral and political influences that will compromise or contaminate its project of making statements about law?s nature and operation that are not only universally valid, but also locally accurate. In this essay I challenge Raz's philosophical ambitions - and, therefore, much contemporary work in legal philosophy - by concentrating on his crucial methodological distinction between the local and contingent and the universal and necessary. It is my contention that, as there are no places where "moral and political desirability" do not play a role, "necessity" has no reign. Accordingly, I argue that legal philosophy cannot live up to its own methodological expectations and standards of validation. For all its impressive erudition and sophistication, therefore, Raz?s work is a manifesto of "local enthusiasms" that, while instructive and useful in themselves, can lay no claim to reveal the necessary features of law's existence. His work comprises some very contingent and localised generalisations that no amount of philosophical razzle-dazzle can elevate to universal and global truths about law. Blinded by the philosophical light, there is more formal brilliance than substantive bottom-line to Raz's jurisprudence. (shrink)

In The Religion of Socrates, Mark McPherran offers an extended discussion of selected evidence about Socrates’s philosophy of religion. Relevant passages from Plato’s Euthyphro and Apology are taken to be authentic reports of Socrates’s own thinking, and are commented on at considerable length. The interpretation that emerges is supplemented by evidence from other works by Plato and from Xenophon’s Memorabilia. The ten-page bibliography is useful, and the index of passages is especially valuable. But McPherran’s evidence is tendentiously selected, and (...) so his depiction cannot be trusted as a portrayal of Socrates himself. (shrink)

This provocative, engaging and important book marks the fiftieth anniversary of the publication of Peter Winch's seminal The Idea of a Social Science. The authors – the first two philosophers, the third a sociologist – have worked together in various permutations before. No-one familiar with their previous publications will be surprised that the dominant voice throughout is Wittgenstein's – that is, Wittgenstein as read ‘resolutely’ by ‘new Wittgensteinians’. They have three principal aims: first, to read Winch's own work in an (...) equally ‘resolute’ way; hence to read ISS as prophylactic and therapeutic in intention, and not as heralding a wonderful or not-so-wonderful new social theory; secondly, to defend Winch against certain persistent charges; and thirdly, to persuade social theorists and philosophers of ‘social science’ that Winch's therapeutic lessons have not yet been assimilated, with the possible exception of a handful of ethnographers and ethnomethodologists.Following a substantial introductory section, Chapters 1 and 2 – respectively, entitled ‘Beyond pluralism, monism, relativism, realism etc.: reassessing Peter Winch’ and ‘Winch and linguistic idealism’ – argue that Winch cannot be seen as an advocate of linguistic idealism or “any of the other ‘isms’ that have been reactively bandied about …. (shrink)

Calling for an expanded framework of EuroAmerican science's methodology whose perspective acknowledges both quantitative/etic and qualitative/emic orientations is the broad focus of this article. More specifically this article argues that our understanding of shamanic and/or other related states of consciousness has been greatly enhanced through ethnographic methods, yet in their present form these methods fail to provide the means to fully comprehend these states. They fail, or are limited, because this approach is only a “cognitive interpretation” or “metanarrative” of the (...) actual experience and not the experience itself. Consequently this perspective is also limited because the researcher continues to assess his or her data through the lens of their symbolic constructs, thereby preventing them from truly experiencing shamanic and psi/spirit approaches to knowing since the data collection process does not “in and of itself” affect the observer. We, therefore, need expanded ethnographic methods that include within their approaches an understanding of methods and techniques to experientially encounter these states of consciousness—and become transformed by them. Our becoming transformed and then recollecting our ethnoautobiographical experiences is the means toward a new kind of science and its methods of inquiry that this article seeks to encourage. (shrink)

Therehasbeenevidencefortheverybrief,temporalquantizationofperceptualexperienceatregularintervalsbelo w100msforseveraldecades.Webrieflydescribehowearlierstudiesledtotheconceptof“psychologicalmoment”ofbe tween50and60msduration.Accordingtohistoricaltheories,withinthepsychologicalmomentalleventswouldbepro cessedasco-temporal.Morerecently,alinkwithphysiologicalmechanismshasbeenproposed,accordingtowhichthe 50–60mspsychologicalmomentwouldbedefinedbytheupperlimitrequiredbyneuralmechanismstosynchronizeandthe rebyrepresentasnapshotofcurrentperceptualeventstructure.However,ourownexperimentaldevelopmentsalsoid entifyamorefine-scaled,serializedprocessstructurewithinthepsychologicalmoment.Ourdatasuggeststhatnot alleventsareprocessedasco-temporalwithinthepsychologicalmomentandinstead,someareprocessedsuccessivel y.Thisevidencequestionstheanalogrelationshipbetweensynchronizedprocessandsimultaneousexperienceandop ensdebateontheontologyandfunctionof“moments”inpsychologicalexperience.

Dasein and being-in-the-world -- The world -- The structure of being-in-the-world, pt. 1: Disposedness and moods -- The structure of being-in-the-world, pt. 2: Understanding and interpretation -- Everydayness and the 'one' -- Death and authenticity -- Truth and art -- Language -- Technology -- Our mortal dwelling with things.

Dieser Aufsatz analysiert Leibniz' Begriff der Expression. Er ist eine Vorstudie zu einer umfassenden Untersuchung der Lehre, daß jede einfache Substanz das ganze Weltall ausdrückt. Leibnizens Beispiele und Definitionen von Expression werden besprochen, und dann wird die Analyse des Begriffs in zwei Stufen entwickelt.

Normal systems of modal logic, interpreted as deontic logics, are unsuitable for a logic of conflicting obligations. By using modal operators based on a more complex semantics, however, we can provide for conflicting obligations, as in [9], which is formally similar to a fragment of the logic of ability later given in [2], Having gone that far, we may find it desirable to be able to express and consider claims about the comparative strengths, or degrees of urgency, of the conflicting (...) obligations under which we stand. This paper, building on the formalism of the logic of ability in [2], provides a complete and decidable system for such a language. (shrink)

Researchers increasingly rely on large data sets of health information, often linked with biological specimens. In recent years, the argument has been made that obtaining informed consent for conducting records-based research is unduly burdensome and results in ?consent bias.? As a type of selection bias, consent bias is said to exist when the group giving researchers access to their data differs from the group denying access. Therefore, to promote socially beneficial research, it is argued that consent should be unnecessary. After (...) analyzing the biostatistics evidence and bioethics arguments, the article concludes that (1) claims about the amount of consent bias are overstated; (2) commonly used statistical methods usually can account for consent bias; and (3) any residual effects of consent bias are below an acceptable level of imprecision and constitute a reasonable social cost for conducting ethically responsible research. (shrink)

Hubert L. Dreyfus's engagement with other thinkers has always been driven by his desire to understand certain basic questions about ourselves and our world. The philosophers on whom his teaching and research have focused are those whose work seems to him to make a difference to the world. The essays in this volume reflect this desire to "make a difference"--not just in the world of academic philosophy, but in the broader world.Dreyfus has helped to create a culture of reflection--of questioning (...) the deep premises that inform and shape work in artificial intelligence and cognitive science. He has also been the primary introducer and interpreter of Martin Heidegger's work to the world of information technology. The essays in this volume represent the fruitful application of deep philosophical analysis to the concerns of our modern technological world.The sections are Coping and Intentionality; Computers and Cognitive Science; and "Applied Heidegger." In addition to cognitive science and artificial intelligence, topics include everyday skills, religion, business practices, and medical care. The book concludes with Dreyfus's responses to the essays.Contributors : Daniel Andler, Patricia Benner, Albert Borgmann, Harry Collins, George Downing, Fernando Flores, Sean Kelly, Joseph Rouse, Theodore R. Schatzki, John Searle, Robert C. Solomon, Charles Spinosa, David Stern, Charles Taylor, Terry Winograd, Mark Wrathall. (shrink)

Each year individuals are required to execute millions of authorizations for the release of their health records as a condition of employment, applying for various types of insurance, and submitting claims for benefits. Generally, there are no restrictions on the scope of information released pursuant to these compelled authorizations, and the development of a nationwide system of interoperable electronic health records will increase the amount of health information released. After quantifying the extent of these disclosures, this article discusses why it (...) is important to limit disclosures of health information for nonmedical purposes as well as how it may be possible to do so. (shrink)

Biobanks are repositories of human biological materials collected for biomedical research. There are over 300 million stored specimens in the United States, and the number grows by 20 million per year. In the post-genome world of high throughput gene sequencing and computational biology, biobanks hold the promise of facilitating large-scale research studies. New organizational and operational models of research repositories also raise complex issues of big science, big business, and big ethical concerns.

In this paper I hope to demonstrate that, despite dramatic differences in approach, Analytic and Continental philosophers can be brought into a productive dialogue with one another on topics central to the philosophical agenda of both traditions. Their differences tend to obscure the fact that both traditions have as a fundamental project the critique of past accounts of language, intentionality, and mind. Moreover, writers within the two traditions are frequently in considerable agreement about the failings of past accounts. Where they (...) tend to differ is in the sorts of positive accounts they give. By exploring the important areas of disagreement against the background of agreement, however, it is possible to gain insights unavailable to those rooted in a single tradition. (shrink)

For fifty years Hubert Dreyfus has done pioneering work which brings phenomenology and existentialism to bear on the philosophical and scientific study of the mind. This is a selection of his most influential essays, developing his critique of the representational model of the mind in analytical philosophy of mind and mainstream cognitive science.

The Rationality Principle says that people act adequately to their situation, but does not specify how they must act in order to do so. Situational Analysis uses the Rationality Principle, together with a model of the social situation, to explain actions in the past. Unlike Rational Choice Theory, Situational Analysis does not try to predict or influence actions in the future. Popper regarded the Rationality Principle as false, but thought that we should use it nonetheless. This poses a problem for (...) understanding his views about conjecture and refutation. Popper, however, thought that all scientific models are false, and that whether or not we should reject a model depends on the problem that we are trying to solve. (shrink)

In contrast to recent postmodern and deconstructionist readings, Mark A. Tietjen believes that the purpose behind Kierkegaard's writings is the moral and religious improvement of the reader. Tietjen defends Kierkegaard against claims that certain features of his works, such as pseudonymity, indirect communication, irony, and satire are self-deceived or deceitful. Kierkegaard, Communication, and Virtue reveals how they are directly related to the virtues or moral issues being discussed. In fact, Tietjen argues, the manner of presentation is a critical element (...) of the philosophical message being conveyed. Reading broadly in Kierkegaard’s writings, he develops a hermeneutics of trust that fully illustrates Kierkegaard’s aim to evoke faith in his reader. (shrink)

Health care reform is being assaulted from all sides. In January, the House of Representatives voted to repeal The Patient Protection and Affordable Care Act (the "Affordable Care Act"). For now, that effort will not succeed, owing to Democratic control of the Senate and the presidential veto. But conservative lawmakers in the House threaten to withhold key funding for implementation, and we can expect ongoing efforts to enact various partial amendments.Meanwhile, a core component of the reform law is running the (...) gauntlet of constitutional challenges in dozens of courts.1 So far, two federal district judges—in Richmond, Virginia, and Pensacola, Florida—have declared the individual mandate unconstitutional, as .. (shrink)

It was a happy surprise when, overcoming partisan divisions and interest‐group lobbying, Congress enacted the No Surprises Act, which bans unfair out‐of‐network “balance billing.” Although this is only a modest legislative victory, key efforts by the health policy community made a real difference in a time of legislative gridlock.

It has been pending in Congress for twelve years, despite the support of the last two presidential Administrations and the National Institutes of Health. It has been the subject of extensive affirmative lobbying by academic medical centers, pharmaceutical and biotech companies, genetic disease advocacy groups, and civil rights organizations. It has overcome vehement objections by employers and insurers. Its final passage, however, has been thwarted by a few Congressional leaders, who have prevented enactment despite overwhelming bipartisan support in both houses (...) of Congress.Based on this legislative history, one could not help but assume that the Genetic Information Nondiscrimination Act is a revolutionary piece of legislation that, if finally enacted, would provide extensive, effective, and comprehensive protection against genetic discrimination in health insurance and employment Unfortunately, such an assessment would be incorrect. Indeed, GINA may be a case of too much ado about too little. (shrink)

This paper describes and defends the view that minimal chemical life essentially involves the chemical integration of three chemical functionalities: containment, metabolism, and program. This view is illustrated and explained with the help of CMP and Rasmussen diagrams in Protocells: bridging nonliving and living matter, 71–100, 2009b), both of which represent the key chemical functional dependencies among containment, metabolism, and program. The CMP model of minimal chemical life gains some support from the broad view of life as open-ended evolution, which (...) I have defended elsewhere. Further support comes from the natural way the CMP model resolves the puzzle about whether life is a matter of degree. (shrink)

Prompted by the development of the Theory of Challenge and Threat States in Athletes (Jones et al, 2009), recent years has witnessed a considerable increase in research examining challenge and threat in sport. This manuscript provides a critical review of the literature examining challenge and threat in sport, tracing its historical development and some of the current empirical ambiguities. In an attempt to reconcile some of these ambiguities, and utilising neurobiological evidence associated with approach- and avoidance-motivation (cf. Elliot & Covington, (...) 2001), this paper draws upon the Evaluative Space Model (ESM: Cacioppo et al., 1997) and considers the implications for understanding challenge and threat in sport. For example, rather than see challenge and threat as opposite ends of a single bipolar continuum, the ESM implies that individuals could be (1) challenged, (2) threatened, (3) challenged and threatened, or (4) neither challenged or threatened by a particular stimulus. From this perspective it could be argued that the appraisal of some sport situations as both challenging and threatening could be advantageous, whereas the current literature seems to imply that the appraisal of stress as a threat is maladaptive for performance. In drawing upon the ESM, we outline the Evaluative Space Approach to Challenge and Threat and provide several testable hypotheses for advancing understanding of challenge and threat (in sport). We also outline a number of cardiovascular and experiential measures that can be used to examine these hypotheses. In sum, this paper provides a significant theoretical, empirical and practical contribution to our understanding of challenge and threat (in sport). (shrink)

On January 25, 2013, theFederal Registerpublished the Department of Health and Human Services omnibus amendments to the Health Insurance Portability and Accountability Act Privacy, Security, Enforcement, and Breach Notification Rules. These modifications also include the final versions of the HIPAA regulation amendments mandated by the Health Information Technology for Economic and Clinical Health Act and the Genetic Information Nondiscrimination Act. Although the amended rules were effective on March 26, 2013, covered entities and their business associates have a compliance date of (...) September 23, 2013.It has been 10 years since the April 14, 2003 compliance date for the original HIPAA Privacy Rule. Despite HHS’ clarification of some issues by posting answers to frequently asked questions, there have been no significant amendments to the Privacy Rule since 2003. (shrink)

In the United States the delivery of health care traditionally has been hierarchical and strictly controlled by physicians. Physicians typically provided patients with little information about their diagnosis, prognosis, and treatment plan; patients were expected to follow their physicians’ orders and ask no questions. Beginning in the 1970s, with the widespread adoption of the doctrine of informed consent to treatment, the physician-patient relationship began to be more collaborative, although the extent of the change has been subject to debate. At a (...) minimum, physicians began to give patients more information and asked them to consent to recommended treatment, the therapeutic privilege to withhold information from patients lost support and eventually was repudiated, and physicians embraced — at least in theory — a more patient-centered conception of health care.More recently, health care and health promotion activities have moved beyond clinical encounters and the strict confines of physician-patient interactions. (shrink)