The Football Association has been under pressure to allow girls to play in mixed teams since 1978, following 12-year old Theresa Bennett’s application to play with boys in a local league. In 1991, over a decade after Bennett’s legal challenge, the FA agreed to remove its ban on mixed football and introduced Rule C4 in order to permit males and females to play together in competitive matches under the age of 11. More recently, following a campaign by parents, coaches, local (...) Members of Parliament and the Women’s Sport Foundation, the FA agreed to trial mixed football for the under-12 to under-15 age categories in order to establish, among other things, the risk of injury to players in sex-integrated competitions. A series of exponential changes ensued: between 2010 and 2014, the age at which mixed football was permitted increased from U11 to U16. In 2015, the FA announced the decision to raise the age limit on mixed football from U16 to U18 for the forthcoming 2015–2016 season. We critically examine th... (shrink)

This collection of essays, offered in honor of the distinguished career of prominent political philosophy professor Clifford Orwin, brings together internationally renowned scholars to provide a wide context and discuss various aspects of the virtue of “humanity” through the history of political philosophy.

This collection of essays, offered in honor of the distinguished career of prominent political philosophy professor Clifford Orwin, brings together internationally renowned scholars to provide a wide context and discuss various aspects of the virtue of “humanity” through the history of political philosophy.

Recovering Reason: Essays in Honor of Thomas L. Pangle is a collection of essays composed by students and friends of Thomas L. Pangle to honor his seminal work and outstanding guidance in the study of political philosophy. These essays examine both Socrates' and modern political philosophers' attempts to answer the question of the right life for human beings, as those attempts are introduced and elaborated in the work of thinkers from Homer and Thucydides to Nietzsche and Charles Taylor.

This essay, which won the Prince Consort Prize for 1950, treats of the revolutionary change in historical writing that followed the entry into England, early in the nineteenth century, of the ideas of Vico and of the German historical school. Chiefly through Coleridge's influence, eighteenth-century rationalist suppositions gave place in certain men to a fundamentally opposed, 'Romantic' philosophy, and so to a new kind of History. Mr. Forbes is particularly concerned with the part played in this revolution by the (...) liberal Anglicans: Thomas Arnold, Headmaster of Rugby and Regius Professsor of Modern History at Oxford; Richard Whitely, Professor of Political Economy at Oxford and Archbishop of Dublin; Julius Charles Hare, disciple of Coleridge and translator (with Thirlwall) of Niebuhr's History of Rome; Connop Thirlwall, Bishop of St David's and author of the History of Greece; Henry Hart Milman, Professor of Poetry and Oxford and Dean of St Paul's; Arthur Penrhyn Stanley, pupil and biographer of Thomas Arnold, and Dean of Westminster. They have elsewhere been studied in the compartments of 'classical' and 'ecclesiastical' history. But it is fundamental to their outlook on Church and State that for them no such compartments existed, and their idea of History as a whole has hitherto lacked an English historian. This essay does much more than clarify technical problems in one of the various ideas of History embraced in Professor Toynbee's system. Mr. Forbes addresses his book to all students of nineteenth-century thought. (shrink)

Summary Although Sir William Forbes of Pitsligo's An Account of the Life and Writings of James Beattie has long served as an invaluable resource for those interested in Beattie's life and thought, there has been little scholarship on the genesis of Forbes's book. This article considers the role played by Dugald Stewart—as well as that of his friend, Archibald Alison—in the making of Forbes's Life of Beattie. It also examines the reasons for Forbes's decision not to (...) print Stewart's letter in its entirety in the Life of Beattie and explores the letter's significance for understanding Stewart's philosophical development. (shrink)

Summary When Sir William Forbes of Pitsligo was preparing his An Account of the Life and Writings of James Beattie (1806) for the press, he asked his friend Dugald Stewart to contribute a summary and assessment of the argument of Beattie's most famous philosophical work, the Essay on the Nature and Immutability of Truth (1770). After some delay, in late 1805 or early 1806 Stewart sent to Forbes a lengthy letter in which he criticised Beattie's appeal to the (...) principles of common sense and contrasted Beattie's writings with those of Stewart's mentor, Thomas Reid. In the end, Forbes published only brief excerpts from Stewart's letter in the Life of Beattie. This article publishes for the first time a complete transcription of the extant manuscript of Stewart's letter to Forbes, which is on deposit in the Fettercairn Papers in the National Library of Scotland. (shrink)

This investigation is motivated by the lack of scholarship examining the content of what firms are communicating to various stakeholders about their commitment to socially responsible behaviors. To address this query, a qualitative study of the legal, ethical and moral statements available on the websites of Forbes Magazine''s top 50 U.S. and top 50 multinational firms of non-U.S. origin were analyzed within the context of stakeholder theory. The results are presented thematically, and the close provides implications for social responsibility (...) among managers of global organizations as well as researchers interested in business ethics. (shrink)

The rule-following debate, in its concern with the metaphysics and epistemology of linguistic meaning and mental content, goes to the heart of the most fundamental questions of contemporary philosophy of mind and language. This volume gathers together the most important contributions to the topic, including papers by Simon Blackburn, Paul Boghossian, Graeme Forbes, Warren Goldfarb, Paul Horwich, John McDowell, Colin McGinn, Ruth Millikan, Philip Pettit, George Wilson, and José Zalabardo. This debate has centred on Saul Kripke's reading (...) of the rule-following sections in Wittgenstein and his consequent posing of a "sceptical paradox" that threatens our every day notions of linguistic meaning and mental content. These essays are attempts to respond to this challenge and represent some of the most important work in contemporary theory of meaning. They examine the notion of meaning; whether it is possible to find a suitable meaning-constituting fact from our previous behaviour or mental histories; objections to, and defenses of, dispositional accounts of meaning; the plausibility of non-factualism about meaning; our attempts to develop non-reductionist accounts of meaning; and the sources of the normativity which attaches to meaning, such as the linguistic practice of the community or the dispositions of the individual. With an introductory essay and a comprehensive guide to further reading the book is an excellent resource for courses in philosophy of mind, philosophy of language, Wittgenstein, and metaphysics, as well as for all philosophers, linguists, and cognitive scientists with interests in these areas. Contributors include Simon Blackburn, Paul Boghossian, Graeme Forbes, Warren Goldfarb, Paul Horwich, John McDowell, Colin McGinn, Alexander Miller, Ruth Garrett Millikan, Philip Pettit, George. M. Wilson, Crispin Wright, and José L. Zalabardo. (shrink)

Philosophers have had an interest in language from the earliest times but the twentieth century, with its so-called 'linguistic turn' in philosophy, has seen a huge expansion of work focused specifically on language and its foundations. No branch of philosophy has been unaffected by this shift of emphasis. It is timely at the end of the century to review and assess the vast range of issues that have been developed and debated in this central area. The distinguished international contributors present (...) a clear, accessible guide to the fundamental questions raised by the philosophers about language. Contributions include Graeme Forbes on necessity, Susan Haack on deviant logics, Paul Horwich on truth, Charles Travis on Wittgenstein, L.J. Cohen on linguistic philosophy, Ruth Kempson on semantics and syntax and Christopher Hookway on ontology, to name but a few. A wide range of topics are covered from the metaphysics and ontology of language, language and mind, truth and meaning, to theories or reference, speech act theory, philosophy of logic and formal semantics. There are also articles on key figures from the twentieth century and earlier. Based on the foundation provided by the award-winning Encyclopedia of Language and Linguistics this single volume provides a collection of articles that will be an invaluable reference tool for all those interested in the area of philosophy of language, and also to those in cognitive science and psychology. All the articles have been thoroughly revised and updated. This volume gives a unique survey of topics that are at the very core of contemporary philosophy. (shrink)

In this work, Paul Weithman offers a fresh, rigorous and compelling interpretation of John Rawls' reasons for taking his so-called 'political turn'.

Building Better Health Care Leadership for Canada explains the development and implementation of the Executive Training in Research Application program. Managed and funded by the Canadian Health Services Research Foundation in partnership with the Canadian Medical Association, the Canadian Nursing Association, and the Canadian College of Health Care executives, EXTRA is a two-year national fellowship program that uses the principles of adult learning theory as well as practical projects to educate senior health care leaders in making more consistent use of (...) research evidence in their management roles. Fellows apply the theory learned in residency sessions and educational activities to projects within their home organizations. The authors identify the imperative for better use of evidence, outline the core elements of the curriculum, and capture the real-world experience of regional leaders and fellows involved in making specific changes informed by research-based evidence within their organization. Contributors include Jean-Louis Denis, Terrence Sullivan, Owen Adams, Malcolm Anderson, Lynda Atack, Robert Bell, Sam G Campbell, Sylvie Cantin, Ward Flemons, Dorothy Forbes, J. Sonja Glass, Paula Goering, Karen Golden-Biddle, Jeffrey S. Hoch, Paul Lamarche, Ann Langley, John N. Lavis, Jonathan Lomas, Margo Orchard, Raynald Pineault, Brian D. Postl, Christine Power, Trish Reay, Jean Rochon, Denis A. Roy, Andrea Seymour, Samuel B. Sheps, Micheline Ste-Marie, Nina Stipich, David Streiner, Carl Taillon, and Muriah Umoquit. (shrink)

For over twenty years, Paul Weithman has explored the thought of John Rawls to ask how liberalism can secure the principled allegiance of those people whom Rawls called 'citizens of faith'. This volume brings together ten of his major essays, which reflect on the task and political character of political philosophy, the ways in which liberalism does and does not privatize religion, the role of liberal legitimacy in Rawls's theory, and the requirements of public reason. The essays reveal Rawls (...) as a thinker deeply engaged with political and existential questions that trouble citizens of faith, and explore how - in firm opposition to political realism - he tries to show that the possibility of liberal democracy and the natural goodness of humanity are objects of reasonable faith. The volume will be of interest to political philosophers, political theorists, moral theologians, and religious ethicists. (shrink)

Comment les objets matériels persistent-ils à travers le temps ? Qu'est-ce que cela veut dire qu'un objet change tout en étant un et le même ? Peut-il y avoir un monde sans temps ? Le temps s'écoule-t-il même si rien ne change ? Et, le temps lui-même, qu'est-ce que c'est ? Consiste-t-il seulement en l'instant présent, ou le passé et le futur existent-ils également ? Est-il possible de voyager dans le temps ? Quelles propriétés le temps doit-il avoir pour permettre (...) le voyage dans le temps ? Est-il possible de changer le passé ? Ce volume recueille des traductions inédites de textes issus de la philosophie du temps des XXe et XXIe siècles. Ces contributions de R. M. Adams, Jiri Benovsky, David Braddon-Mitchell, Michael Dummett, Graeme Forbes, Mark Heller, Paul Horwich, Robin Le Poidevin, David Lewis, D. H. Mellor, Sydney Shoemaker, Theodore Sider, J. J. C. Smart, W. V. O. Quine, et Peter Van Inwagen offrent des manières différentes de réagir à ces interrogations (et bien d'autres encore). Elles permettent ainsi au lecteur de découvrir la richesse des débats contemporains en philosophie du temps. On découvre ici une variété de notions, d'arguments et de théories, telles que l'endurantisme, le perdurantisme, le relationnisme et le substantialisme, mais également d'importantes considérations en ce qui concerne la causalité, l'identité, le changement, ou encore l'analyse de similarités entre le temps et l'espace. Le problème du voyage dans le temps se voit consacrer une section spéciale dans ce volume, car il a ceci de particulièrement intéressant : il sert de cas limite offrant la possibilité de tester les théories et de soulever de nombreuses questions philosophiques sur la nature du temps et du monde. (shrink)

_Criticism and Conviction_ offers a rare opportunity to share personally in the intellectual life and journey of the eminent philosopher Paul Ricoeur. Internationally known for his influential works in hermeneutics, theology, psychoanalysis, and aesthetics, until now, Ricoeur has been conspicuously silent on the subject of himself. In this book--a conversation about his life and work with François Azouvi and Marc de Launay--Ricoeur reflects on a variety of philosophical, social, religious, and cultural topics, from the paradoxes of political power to (...) the relationship between life and art, and life and death. In the first of eight conversations, Ricoeur traces the trajectory of his life, recounting the origins of his convictions and the development of his intellect against the tragic events of the twentieth century. Declaring himself the "son of a victim of the First World War," Ricoeur, an orphan, sketches his early years in the house of stern but loving grandparents, and the molding of his intellect under the tutelage of Roland Dalbiez, Gabriel Marcel, and André Philip. Ricoeur tells the intriguing story of his capture and five-year imprisonment by the Germans during World War II, where he and his compatriots fashioned an intellectual life complete with a library and lectures, and where he, amazingly, was able to continue his dissertation research. Elegantly interweaving anecdotal with philosophical meditations, Ricoeur recounts his relationships with some of the twentieth century's greatest figures, such as Heidegger, Jaspers, and Eliade. He also shares his views on French philosophers and explains his tumultuous relationship with Jacques Lacan. And while expressing his deepest respect for the works of Claude Lévi-Strauss and Michel Foucault, Ricoeur reserves his greatest admiration for the narratologist Algirdas Julien Greimas. Ricoeur also explores the relationship between the philosophical and religious domains, attempting to reconcile the two poles in his thought. And readers who have struggled with Ricoeur's work will be grateful for these illuminating discussions that provide an invaluable key to his writings on language and narrative, especially those on metaphor and time. Spontaneous and lively, _Criticism and Conviction_ is a passionate confirmation of Ricoeur's eloquence, lucidity, and intellectual rigor, and affirms his position as one of this century's greatest thinkers. It is an essential book for anyone interested in philosophy and literary criticism. (shrink)

Like nature itself, modern economic life is driven by relentless competition and unbridled selfishness. Or is it? Drawing on converging evidence from neuroscience, social science, biology, law, and philosophy, Moral Markets makes the case that modern market exchange works only because most people, most of the time, act virtuously. Competition and greed are certainly part of economics, but Moral Markets shows how the rules of market exchange have evolved to promote moral behavior and how exchange itself may make us more (...) virtuous. Examining the biological basis of economic morality, tracing the connections between morality and markets, and exploring the profound implications of both, Moral Markets provides a surprising and fundamentally new view of economics--one that also reconnects the field to Adam Smith's position that morality has a biological basis. Moral Markets, the result of an extensive collaboration between leading social and natural scientists, includes contributions by neuroeconomist Paul Zak; economists Robert H. Frank, Herbert Gintis, Vernon Smith, and Bart Wilson; law professors Oliver Goodenough, Erin O'Hara, and Lynn Stout; philosophers William Casebeer and Robert Solomon; primatologists Sarah Brosnan and Frans de Waal; biologists Carl Bergstrom, Ben Kerr, and Peter Richerson; anthropologists Robert Boyd and Michael Lachmann; political scientists Elinor Ostrom and David Schwab; management professor Rakesh Khurana; computational science and informatics doctoral candidate Erik Kimbrough; and business writer Charles Handy. (shrink)

"The 'Geschichte des Aristotelismus' (3 Bände, 1971-2001), which is the product of Paul Moraux's many decades of research on Aristotle and the Aristotle archive he founded, is a masterpiece of the history of philosophy that serves to set standards." Prof. Dr. Bernd Seidensticker.

We introduce proof nets and sequent calculus for the multiplicative fragment of non-commutative logic, which is an extension of both linear logic and cyclic linear logic. The two main technical novelties are a third switching position for the non-commutative disjunction, and the structure of order variety.

(2002). Clarifying the Ethics of Clinical Research: A Path toward Avoiding the Therapeutic Misconception. The American Journal of Bioethics: Vol. 2, No. 2, pp. 22-23.

Rawls says in Political Liberalism that “the focus of an overlapping consensus is [more likely to be] a class of liberal conceptions” than a single one. In conceding that members of the well-ordered society are unlikely to live up to justice as fairness, Rawls would seem to have conceded that they are also unlikely to live autonomously. This is exactly the conclusion some commentators have drawn. I contend that the likelihood of “reasonable pluralism about justice” does not have the implication (...) for Rawls’s project that it is said to have: political autonomy remains available even when such pluralism obtains. (shrink)

The paper discusses some aspects of the relationship between Feyerabend and Kuhn. First, some biographical remarks concerning their connections are made. Second, four characteristics of Feyerabend and Kuhn's concept of incommensurability are discussed. Third, Feyerabend's general criticism of Kuhn's Structure of Scientific Revolutions is reconstructed. Forth and more specifically, Feyerabend's criticism of Kuhn's evaluation of normal science is critically investigated. Finally, Feyerabend's re-evaluation of Kuhn's philosophy towards the end of his life is presented.

Causal decision theory attends to probabilities used to obtain an option's expected utility but for completeness should also attend to utilities of possible outcomes. A suitable formula for an option's expected utility uses a certain type of conditional utility.

Amongst traditionally-available frameworks within which end-of-life decisions in Intensive Care Units (ICU) are situated, we favour Ordinary versus Extra-ordinary care distinctions as the most helpful. Predicated on this framework, we revisit the concepts of personhood and autonomy. We argue that a full account of personhood locates its foundation in relationships with others, rather than merely in “rationality”. A full account of autonomy also recognises relationships with others, as well as the actual reality of the patient’s situation-in-the-world. The fact that, when (...) critically ill, the patient may no longer be able to take an active role in decision-making does not bring about the end of their personhood, or of their autonomy. Because the patient’s autonomy is intimately linked to their relationships with others, once critical illness supervenes, respect for their autonomy devolves to those others with whom the patient is in relationship. In practical application, this means that there must be a dialogue, as the end-of-life of the critically-ill patient in ICU comes into view. Such dialogue should be grounded on this understanding in order to conform best to moral philosophical principles. Ideally the dialogue will involve all those with whom the patient is in relationship and, practical difficulties within an ICU notwithstanding, will aim to be inclusive, non-coercive and reflective as it seeks to maximise the good of the patient in their unique context. (shrink)

Genomic research—including whole genome sequencing and whole exome sequencing—has a growing presence in contemporary biomedical investigation. The capacity of sequencing techniques to generate results that go beyond the primary aims of the research—historically referred to as “incidental findings”—has generated considerable discussion as to how this information should be handled—that is, whether incidental results should be returned, and if so, which ones.Federal regulations governing most human subjects research in the United States require the disclosure of “the procedures to be followed” in (...) the research as part of the informed consent process. It seems reasonable to assume—and indeed, many commentators have concluded—that genomic investigators will be expected to inform participants about, among other procedures, the prospect that incidental findings will become available and the mechanisms for dealing with them. Investigators, most of whom will not have dealt with these issues before, will face considerable challenges in framing meaningful disclosures for research participants.To help in this task, we undertook to identify the elements that should be included in the informed consent process related to incidental findings. We did this by surveying a large number of genomic researchers (n = 241) and by conducting in‐depth interviews with a smaller number of researchers (n = 28) and genomic research participants (n = 20). Based on these findings, it seems clear to us that routine approaches to informed consent are not likely to be effective in genomic research in which the prospect of incidental findings exists. Ensuring that participants’ decisions are informed and meaningful will require innovative approaches to dealing with the consent issue. We have identified four prototypical models of a consent process for return of incidental findings. (shrink)

Paul Stevens; On the Nuffield Philosophy of Science, Journal of Philosophy of Education, Volume 12, Issue 1, 30 May 2006, Pages 99–111, https://doi.org/10.1111/.

In this wide-ranging interdisciplinary work, Paul W. Kahn argues that political order is founded not on contract but on sacrifice. Because liberalism is blind to sacrifice, it is unable to explain how the modern state has brought us to both the rule of law and the edge of nuclear annihilation. We can understand this modern condition only by recognizing that any political community, even a liberal one, is bound together by faith, love, and identity.Putting Liberalism in Its Place draws (...) on philosophy, cultural theory, American constitutional law, religious and literary studies, and political psychology to advance political theory. It makes original contributions in all these fields. Not since Charles Taylor's The Sources of the Self has there been such an ambitious and sweeping examination of the deep structure of the modern conception of the self.Kahn shows that only when we move beyond liberalism's categories of reason and interest to a Judeo-Christian concept of love can we comprehend the modern self. Love is the foundation of a world of objective meaning, one form of which is the political community. Arguing from these insights, Kahn offers a new reading of the liberalism/communitarian debate, a genealogy of American liberalism, an exploration of the romantic and the pornographic, a new theory of the will, and a refoundation of political theory on the possibility of sacrifice.Approaching politics from the perspective of sacrifice allows us to understand the character of twentieth-century politics, which combined progress in the rule of law with massive slaughter for the state. Equally important, this work speaks to the most important political conflicts in the world today. It explains why American response to September 11 has taken the form of war, and why, for the most part, Europeans have been reluctant to follow the Americans in their pursuit of a violent, sacrificial politics. Kahn shows us that the United States has maintained a vibrant politics of modernity, while Europe is moving into a postmodern form of the political that has turned away from the idea of sacrifice. Together with its companion volume, Out of Eden, Putting Liberalism in Its Place finally answers Clifford Geertz's call for a political theology of modernity. (shrink)

In Out of Eden, Paul W. Kahn offers a philosophical meditation on the problem of evil. He uses the Genesis story of the Fall as the starting point for a profound articulation of the human condition.

: Responding to the paper by Miller and Joffe, we review the development of the concept of therapeutic misconception (TM). Our concerns about TM's impact on informed consent do not derive from the belief that research subjects have poorer outcomes than persons receiving ordinary clinical care. Rather, we believe that subjects with TM cannot give an adequate informed consent to research participation, which harms their dignitary interests and their abilities to make meaningful decisions. Ironically, Miller and Joffe's approach ends up (...) largely embracing the very position that they inaccurately attribute to us: the belief that, with some exceptions, it is only the prospect of poorer outcomes that should motivate efforts to dispel TM. In the absence of empirical studies on the steps required to dispel TM and the impact of such procedures on subject recruitment, it is premature to surrender to the belief that TM must be widely tolerated in clinical research. (shrink)

The aim of this review is to show the fruitfulness of using images of facial expressions as experimental stimuli in order to study how neural systems support biologically relevant learning as it relates to social interactions. Here we consider facial expressions as naturally conditioned stimuli which, when presented in experimental paradigms, evoke activation in amygdala–prefrontal neural circuits that serve to decipher the predictive meaning of the expressions. Facial expressions offer a relatively innocuous strategy with which to investigate these normal variations (...) in affective information processing, as well as the promise of elucidating what role the aberrance of such processing might play in emotional disorders. (shrink)

Horror stories attached to some recent retailing events concerning Hoover, Ratners and others raise questions about a company’s ethical concern, whether it be part of its marketing strategy or ‘thrust upon it’. If ethics is to have a place in retail strategy that place is better focused around performance at an operational level rather than at the level of promotion or publicity. The author is Professor of Retailing at Nottingham Business School, Nottingham Trent University, Nottingham NG1 4BU, U.K. e‐mail: smm3whysapt@ntu.ac.uk.

Littérature / Paul Valéry Date de l'édition originale: 1930 Le présent ouvrage s'inscrit dans une politique de conservation patrimoniale des ouvrages de la littérature Française mise en place avec la BNF. HACHETTE LIVRE et la BNF proposent ainsi un catalogue de titres indisponibles, la BNF ayant numérisé ces oeuvres et HACHETTE LIVRE les imprimant à la demande. Certains de ces ouvrages reflètent des courants de pensée caractéristiques de leur époque, mais qui seraient aujourd'hui jugés condamnables. Ils n'en appartiennent pas (...) moins à l'histoire des idées en France et sont susceptibles de présenter un intérêt scientifique ou historique. Le sens de notre démarche éditoriale consiste ainsi à permettre l'accès à ces oeuvres sans pour autant que nous en cautionnions en aucune façon le contenu. Pour plus d'informations, rendez-vous sur www.hachettebnf.fr. (shrink)

Introduction Paul Boshears The following excerpt from Paul Amitai's In Between States: Field notes and speculations on postwar landscapes (2012) confounds its reader. Presenting an alternate history of the State of Israel as a space station orbiting Earth, the excitement of possibilities crackles across the texts and images. Like Chris Marker's La Jeteé , the accompanying static images distort the viewer's temporality: are these archaeological items, images from a past, or a future? Why isn't this our future? In (...) Between States can also be seen as complementing Larissa Sansour's provocative science fiction works, Space Exodus (2009) which "documents" the Palestinian space program, and her Nation Estate (2012), in which Palestine is relocated into a skyscraper. Amitai's vision opens onto an intergalactic diaspora, wherein the refugees of World War II are given the stars as Western Europe continues to fight over terrestial colonies. —PFB Auditorium, Hoechst AG headquarters, Industriepark-Höchst, 2011. In 1941 an investigation by the US Justice Department exposed a marriage cartel between John D. Rockefeller’s Standard Oil (now ExxonMobil) and I.G. Farben. The two corporations had formed a joint operation in 1927 called Standard IG Farben. It was revealed that the two had shared patents in order to control prices and markets in their respective regions. Standard was accused of hiding patents from the US Navy and supplying fuel to German submarines, which lead to charges of criminal conspiracy. The Pentagon intervened, requesting that President Roosevelt stop the investigation in order to protect war production and oil supply. Roosevelt agreed, and the Senate committee investigating the matter, headed by Senator Harry Truman, was halted. Standard Oil paid a fine of $5000 and promised to stop supplying fuel to the enemies. Auditorium, Hoechst AG headquarters, Industriepark-Höchst, 2011. Furious at the decision to terminate the investigation of acts he considered treason, Truman initiated a new inquiry into Standard Oil’s war-time practices after succeeding Roosevelt as president in 1945. With the chief executives of I.G Farben simultaneously on trial at Nuremburg, Truman brokered a deal with the Allies that reduced or withdrew criminal charges leveled against both corporations in exchange for Standard Oil and I.G. Farben’s sponsorship of one of Truman’s most ambitious postwar projects—the relocation of the Jewish people. Detail, Sanofi-Aventis advertisement, 2011. The third critical player in this bold experiment was the nascent North Atlantic Space Agency. Formed by Allied forces using the seized assets and engineering expertise of Hitler’s hitherto classified space program (conquer Earth, then the stars), the North Atlantic Space Agency was a pre-NATO foray into interstellar nation building, with orbital occupation as the first point of order. By 1947, NASA was nearly ready to deploy the first manned space station. Standard Oil and I.G. Farben’s advanced fuel refinement capacities and deep, war-enriched financial resources allowed NASA to speed up their launch schedule significantly. Detail, Sanofi-Aventis advertisement, 2011. Diplomatic efforts to establish a Jewish homeland in Palestine were failing to gain traction, while post-colonial England held its ground on immigration restrictions and bands of Jews and Arabs battled over territory on the ground. More immediate was the issue of temporarily housing Holocaust survivors and refugees across scorched Europe. Leaders of the continental nations demonstrated, at best, reluctance to accommodate the Jews, who in turn were, at the least, resistant to returning to the same bloody cocktail from which they had fled. Truman used the impasse to advance a plan for NASA’s space station to be put to use as a temporary Jewish outpost, an orbital displaced persons camp, to be operated by the US Army. Detail, Infaserv Höchst advertisement, 2011. Final preparations advanced rapidly. Viewing the orbital displaced persons (ODP) camp as a solution to their immigration problem both at home and abroad, England came on board as a willing partner. Spaceship Exodus was positioned for takeoff on German farmland 20 kilometers southwest of Frankfurt. On December 30, 1947, one month after the UN General Assembly voted down the separation plan for Palestine, Exodus rocketed into the atmosphere hauling the first module of barracks designed to house 1,500 refugees. Transport vehicles arrived shortly thereafter, loaded down with leftover wartime military rations and 3,000 Jews of Russian and Polish origin. Detail, Infaserv Höchst advertisement, 2011. "The camp is the space that is opened when the state of exception begins to become the rule."—Giorgio Agamben, Homo Sacer , trans. Daniel Heller-Roazen, (Stanford: Stanford University Press, 1995), 96. Detail, Infaserv Höchst advertisement, 2011. The ODP camp proved to be a longer-term solution than originally envisioned. Additional installations were positioned to form swollen clusters of interlocking units – sleeping quarters, schools, clinics, canteens. The UN was brought in to monitor the camp following two chaotic years of US Army control in which food shortages, pandemic diseases, and rampant black market trade had brought the camp to near total collapse. No less bureaucratic or ineffectual, the UN relief agency at least had prior experience facilitating contexts of a similar magnitude and could potentially predict outcomes. Detail, Infaserv Höchst advertisement, 2011. What had been unexpected was the degree to which the camp would evolve into its own self-regulated, hive-like ecosystem where previously accepted rules of conduct were not applicable. The ODP camp was an exceptional space, a riverboat casino, an offshore research lab of social experimentation and entrepreneurial innovation. No longer Earth-bound, touching soil knotted by prescripts of Talmudic law, the camp residents were able to rationalize loopholes and detonate barriers standing in the way of absolute production. The Jewish archipelago was renamed Israel after the ancient homeland. If the temple couldn’t be rebuilt in the motherland, a post-national rhizome would sprout up in its stead. Eyes everywhere, beyond all borders. More information on the project at the author's site. (shrink)

The object of this paper is to throw light on the reciprocal exchanges between legal philosophy and the theory of speech acts (as developed by Austin and Searle). The first part concerns the contributions to legal philosophy made by the theory of speech acts with a view to developing new perspectives. The second part deals with the contributions of legal philosophy to speech act theory.

An agent's options in a decision problem are best understood as the decisions that the agent might make. Taking options this way eliminates the gap between an option's adoption and its execution.

In lieu of an abstract, here is a brief excerpt of the content:Examining the Ethics of Human Subjects ResearchPaul S. Appelbaum (bio)The work of the Advisory Committee on Human Radiation Experiments confirms once again the value of combining empirical and normative approaches to problems in clinical and research ethics. The Committee, like its predecessor, the President’s Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research, spent relatively modest sums of money gathering targeted data to inform (...) its deliberations. The results of the Committee’s research, which are discussed by Nancy Kass and Jeremy Sugarman in this issue of the Kennedy Institute of Ethics Journal, enhance our understanding of the current ethical status of human subjects research, helping to focus attention on areas of particular concern, and lay the basis for future research and policy development.My comments here focus on the two major empirical studies conducted by the Committee—the Research Proposal Review Project and the Subject Interview Study. I will underscore just a few of the primary findings from these studies, consider their limitations, and explore their implications. Readers interested in the details of the studies should consult the Committee’s Final Report (ACHRE 1995), on which I rely in part and which provides additional information on the methodology and findings of the studies.Research Proposal Review ProjectWhat can be learned from the Committee’s review of 125 federally-funded human research studies? In answering that question, one cannot ignore the irony inherent in the Committee’s decision to review documents related to institutional review board (IRB) consideration of the selected protocols. The single most frequent complaint about the current system for protecting human subjects is that IRBs focus almost exclusively on review of consent forms and other research documents, as if they bore some close relationship to what actually transpires between investigators and potential research subjects. Only a small number of studies examine the research consent process. Nevertheless, existing data strongly [End Page 283] suggest that subject recruitment often involves an extended process of courtship, during which the information contained in consent forms is only a small part of the information passed between investigators and subjects (Benson, Roth, and Winslade 1985; Lidz et al. 1984).Indeed, the second of the Committee’s studies—the Subject Interview Study, which is discussed below—appears to confirm these findings. In-depth interviews with 99 individuals who reported that they were former or current research subjects suggest that “[f]or many, the decision to participate seemed to have been made before the consent form was given to them, and they signed it almost as a formality” (ACHRE 1995 [GPO, p. 742; Oxford, p. 471]). 1 Why, then, did the Committee focus its attention on documents that in many cases seem to play only a tangential role in the consent process? As is the case with IRBs around the country, the answer appears to be that consent forms and related documents are the only easily available window on consent transactions. In addition, under the current system, consent forms constitute the part of the process that IRBs can influence most easily. Consequently, it suits almost everyone’s needs—except perhaps those of the research subjects—to pretend that they reflect what actually transpires in the recruitment process. To the Committee’s credit, it was well aware of this dilemma. Nonetheless, it struggled to wring valid lessons from these limited data in its Final Report.Perhaps the most interesting finding from the Research Proposal Review Project is just how poor so many consent forms are. Given the disproportionate emphasis that many IRBs place on the content of the forms, one would expect that investigators by now would have learned to design documents that meet objective standards of adequacy, such as those applied by the Committee. Indeed, except in the most unusual circumstances, doing so would virtually guarantee that the IRB will ask no further questions about subject recruitment procedures. Although the data justify the inference that many investigators do not yet understand which information is essential to communicate to potential subjects, nor have learned how to do so effectively, they also force us to a still more radical conclusion. If the IRBs were doing their jobs, the Committee... (shrink)