Offering the perspectives of some of the most respected thinkers in transpersonal psychology and consciousness studies, this book explores the farther reaches ...

Dissociative identity disorder (DID; called multiple personality disorder in DSMIII-R) is a psychiatric condition in which two or more identity states recurrently take control of the person's behavior. A characteristic feature of DID is the occurrence of apparently severe amnestic symptoms. This paper is concerned with experimental research of memory function in DID and focuses on between-identity transfer of newly learned neutral material. Previous studies on this subject are reviewed and a pilot study with four subjects is described. This study (...) is specifically concerned with the question whether self-reported asymmetries in between-identity transfer can be replicated on experimental memory tests. A secondary aim was to examine whether, in the absence of explicit transfer, implicit transfer of information would occur. The results showed that the apparent amnestic asymmetry for explicit information was substantiated in the laboratory, although at least some leakage was present between the apparently amnestic identities. No evidence was found for better performance on implicit than on explicit memory tests in the apparently amnestic identities. In the discussion, parallels between apparent amnesia in DID and state-dependent memory are drawn, and the question of simulated amnesia is addressed. (shrink)

The UK government has recently committed to adopting a new policy—dubbed ‘Martha’s Rule’—which has been characterised as providing patients the right to rapidly access a second clinical opinion in urgent or contested cases. Support for the rule emerged following the death of Martha Mills in 2021, after doctors failed to admit her to intensive care despite concerns raised by her parents. We argue that framing this issue in terms of patient rights is not productive, and should be avoided. Insofar as (...) the ultimate goal of Martha’s Rule is the provision of a clinical service that protects patient safety, an approach that focuses on the obligations of the health system—rather than the individual rights of patients—will better serve this goal. We outline an alternative approach that situates rapid clinical review as part of a suite of services aimed at enhancing and protecting patient care. This approach would make greater progress towards addressing the difficult systemic issues that Martha’s Rule does not, while also better engaging with the constraints of clinical practice. (shrink)

This book presents the papers and comments on those papers delivered at a colloquium held at the Australian National University in December 2008 to celebrate 50 years since the publication in the Harvard Law Review of the famous and wide-ranging debate between H.L.A. Hart and Lon L. Fuller.

This book offers both theoretical overviews and practical approaches for educators, academics, education students and parents who are interested in transforming schools. It encourages reinvigorating approaches to learning and teaching that can easily be integrated into both public and private K-12 school classrooms, with many ideas also applicable to higher education. It supports an educational system based on the beliefs that heart and spirit are intertwined with mind and intellect, and that inner peace, wisdom, compassion, and conscience can be developed (...) together with academic content and skills. (shrink)

The famous mid-20th century debate between Patrick Devlin and Herbert Hart about the relationship between law and morality addressed the limits of the criminal law in the context of a proposal by the Wolfenden Committee to decriminalize male homosexual activity in private. The original exchanges and subsequent contributions to the debate have been significantly constrained by the terms in which the debate was framed: a focus on criminal law in general and sexual offences in particular; a preoccupation with the (...) so-called “harm principle,” a sharp delineation of the realms of law and morality, and a static conception of the relationship between them. This article explores the limitations imposed by these various starting-points and argues for a holistic and symbiotic understanding of the relationship between law and morality. (shrink)

In a serial reaction time task, procedural memory was examined in Dissociative Identity Disorder . Thirty-one DID patients were tested for inter-identity transfer of procedural learning and their memory performance was compared with 25 normal controls and 25 controls instructed to simulate DID. Results of patients seemed to indicate a pattern of inter-identity amnesia. Simulators, however, were able to mimic a pattern of inter-identity amnesia, rendering the results of patients impossible to interpret as either a pattern of amnesia or a (...) pattern of simulation. It is argued that studies not including DID-simulators or simulation-free memory tasks, should not be taken as evidence for amnesia in DID. (shrink)

Together with the city council elections, the citizens of Antwerp elected on 8 October 2000 nine district councils. This new decentralised political level is primarily initiated to restore the confidence of the citizens in the city government. By analysing the results of the city and the district elections we try to find indications whether citizens feel closer to their new district governments or not. Apparently district elections resulted neither in a higher voter turn-out, nor in less blank votes. Nevertheless, there (...) is a significant correlation of voter turn-out and blank votes with population of the districts. And although the differences between the electoral results of the city elections and the district elections are not huge, a different political landscape comes more or less into existence in the several districts. Quite surprisingly the number of list votes is higher on the district elections than on the city elections, while we would have expected a higher number of preferential votes. Correctingfor incumbents and famous candidates on the lists, our initial expectations hold much better. Generally spoken, we can conclude that the district elections do not give much proof of a closer connection between the citizens and the city government. Nevertheless we find some important differences between the districts. (shrink)

In his influential work, The Concept of Law, H. L. A. Hart levels several criticisms at the traditional natural law principle: lex iniusta non est lex. Although some of his criticisms have received a great deal of careful evaluation, others have not. In this paper I will focus on several ways in which Hart attempts to undermine the value of this principle. I will pay particularly close attention to his claims concerning the unfortunate effects that follow from either (...) scholars’ or ordinary citizens’ acceptance of this principle. It is my aim to show that his criticisms of this principle fail. It must be noted that my end is a modest one. I do not attempt to clear all possible objections to this principle, nor conclusively prove its value, but merely show that one set of arguments against it fails. Although this aim is surely modest, it is, I contend, nonetheless important. Investigating the relationship between morality and legality is undoubtedly one of the central tasks of legal philosophy. Since the time of Plato, natural law theories, although differing on various particulars, have proposed a powerful answer concerning this relationship. It is clear that these theories no longer receive the attention they once did, at least in part because of Hart’s objections. I intend to show that these objections fail to show the inadequacy of the lex iniusta principle. (shrink)

In 1958, the Harvard Law Review published a now-famous debate between H. L. A. Hart and Lon Fuller regarding the proposed connection between law and morality. Whereas Hart defended a broadly positivist conception of law, Fuller advanced a kind of natural law theory that has greatly influenced judicial interpretation in the United States. This paper examines the debate and provides a commentary in light of the natural law theory of Thomas Aquinas. Whereas it is not surprising that Aquinas (...) would reject the central tenets of Hart’s positivism, it also appears he would have deep misgivings about the position defended by Professor Fuller, and particularly Fuller’s understanding of how laws should be interpreted in light of morality. (shrink)

An effect is typically explained by citing a cause, but not any cause will do. The oxygen and the spark were both causes of the fire, but normally only the spark explains it. What then distinguishes explanatory from unexplanatory causes? One might attempt to characterise this distinction in terms of intrinsic features of the causes. For example, some causes are changes while others are standing conditions, and one might claim that only the changes explain. Both the spark and the oxygen (...) are causes of the fire, but only the spark is a change, and perhaps this is the reason only the spark explains. On the other hand, one might attempt to characterise the distinction between explanatory and unexplanatory causes in terms of the relation between cause and effect. For example, only some causes are sufficient for their effects, and perhaps only sufficient causes explain. There is, however, an elementary feature of the distinction between explanatory and unexplanatory causes that neither an intrinsic nor a relational approach are well-suited to capture. This is the so-called `interest-relativity' of explanation: the very same cause may be explanatory for one person but not for another. When there is a famine in India, an Indian peasant may explain this by citing the drought, while a member of the World Health Organization may instead cite the failure of the Indian government to stock adequate reserves of food (Hart and Honore, 1985, pp. (shrink)

This article is about ‘role responsibility’ as understood by H. L. A. Hart in his taxonomy of responsibility concepts in his book, Punishment and Responsibility. More particularly, it focuses on what I call ‘public, institutional role responsibility’. The main arguments are that such role responsibility is based on authority and power rather than physical and mental capacity; and the foundation of role responsibility in authority has significant implications for what Hart referred to as ‘liability–responsibility’, which I unpack in (...) terms of ‘attribution’, ‘accountability’ and ‘liability’. The article addresses possible objections to the authority-based analysis of role responsibility based on the concept of ‘moral’ responsibility, and on understandings of what types of question are ‘philosophical.’. (shrink)

Josif Hechter, die onder de naam Mihail Sebastian een bekende Roemeense schrijver en essayist werd, wilde zijn joodse achtergrond van zich afschudden en zich met hart en ziel aan de Roemeense cultuur wijden. Het altijd aanwezige, maar na 1925 steeds heviger wordende antisemitisme in zijn land maakte dit streven heel moeilijk. In zijn oorlogsdagboek, dat pas in de jaren tachtig gepubliceerd werd, is een schokkende getuigenis van de moordpartijen op joden, die door de Roemeense fascisten werden uitgevoerd.

This paper deals with the question of how norms are to be conceived of in order to understand their role as guidelines for human action within various normative orders, particularly in the context of law on the one hand and conventional morality on the other. After some brief remarks on the history of the term “norm,” the author outlines the most significant general features of actually existing social norms, including legal and conventional norms, from which he arrives at two basic (...) requirements on an appropriate conception of such norms: the actuality and the normativity requirements. On this basis, he enters into a critical discussion of Kelsen's highly influential view of norms, arguing that this view is doomed to failure. In the last part of the paper, the author scrutinizes the more promising “practice theory of norms” by H.L.A. Hart, which, in his view, also suffers from some shortcomings, but may be modified in a way that leads to a conception of social norms providing us with a plausible explication of their actual existence and their normative force. (shrink)

This article adopts what Frederick Schauer calls a ‘non-essentialist’ approach to understanding the nature of law, which can be contrasted with the widely practised method of ‘conceptual analysis’. Instead of seeking a set of necessary conditions for the existence of law in all possible worlds, non-essentialism reflects upon pervasive features of actual legal systems. The article focuses on constitutional and administrative law and contrasts modern standard accounts of public law with HLA Hart’s highly influential threefold list of ‘necessary’ types (...) of public ‘secondary rules’: rules of recognition, change and adjudication. The argument is that non-essentialist methodology not only yields a rich descriptive account of certain fundamental characteristics of modern legal systems but also provides theoretically significant insights into how law is conceived in many contemporary societies. Because the resulting account is firmly rooted in actual social and legal practices, it provides a more fine-grained and less abstract theory of those practices than is offered by Hart’s approach, based as it is on hypothetical stories about how law ‘might have developed’. (shrink)

According to contemporary legal positivism, law claims to create obligations. In order for law to be able to create obligations, it must be capable of having authority. Legal positivism claims that for law to be capable of having authority, it only has to meet non-moral or non-normative conditions of authority. In this paper it is argued that law can only be capable of having authority if it also meets certain normative conditions. But if something must meet certain normative conditions in (...) order to be capable of having authority and if it must be capable of having authority in order to be law, then it is only law if it is conceivable that it meets these normative conditions and this can only be ascertained by means of an evaluation. Therefore, legal positivism's claim that determining what the law is does not necessarily, or conceptually, depend on moral or other evaluative considerations (the separation thesis) is incompatible with its claim that law must be able to create obligations. Further, an analysis of Hart's concept of law shows that it is not only possible that the identification of the law depends on moral evaluation, as Hart claims, but that it is conceptually necessary that it does. (shrink)

Hart argues persuasively that majority disapproval cannot justify the government in prohibiting a form of sexual conduct, but he does not address the possibility that the intrinsic badness of a sex act might justify the government in prohibiting it. This article explains within a contractualist framework why the intrinsic badness of a sex act cannot justify the restriction of any important sexual freedom.

In this work, Mercedes Rubio argues that St. Thomas Aquinas’s In I Sent., d. 2, q. 1, a. 3 is his final reading of Moses Maimonides’ Guide of the Perplexed on the topic of the knowledge of God. According to Rubio, this text reveals the influence of the Guide on Aquinas’s doctrine of the divine attributes, his understanding of the role of faith and his Five Ways.Rubio’s central thesis is most likely to be met with skepticism, since many scholars who (...) work on both Aquinas and Maimonides readily acknowledge Maimonides’ influence on the development of a number of Aquinas’s ideas, including the Five Ways. With respect to her central thesis, then, Rubio painstakingly reconstructs the history of the Quaestio, arguing that it was written around 1266, roughly fourteen years after the original Commentary was composed, and then inserted back in the Commentary on the Sentences. Rubio argues further that Aquinas wrote the Quaestio in order to respond to allegations against the writings of Peter of Tarantasia to the effect that. (shrink)

Peter Abelard (1079–1142 ce) was the most wide‐ranging philosopher of the twelfth century. He quickly established himself as a leading teacher of logic in and near Paris shortly after 1100. After his affair with Heloise, and his subsequent castration, Abelard became a monk, but he returned to teaching in the Paris schools until 1140, when his work was condemned by a Church Council at Sens. His logical writings were based around discussion of the “Old Logic”: Porphyry's Isagoge, aristotle'S Categories (...) and On Interpretation and boethius'S textbook on topical inference. They comprise a freestanding Dialectica (“Logic”; probably c.1116), a set of commentaries (known as the Logica [Ingredientibus], c. 1119) and a later (c. 1125) commentary on the Isagoge (Logica Nostrorum Petititoni Sociorum or Glossulae). In a work Abelard called his Theologia, issued in three main versions (between 1120 and c.1134), he attempted a logical analysis of trinitarian relations and explored the philosophical problems surrounding God's claims to omnipotence and omniscience. The Collationes (“Debates,” also known as “Dialogue between a Christian, a Philosopher and a Jew”; probably c.1130) present a rational investigation into the nature of the highest good, in which the Christian and the Philosopher (who seems to be modeled on a philosopher of pagan antiquity) are remarkably in agreement. The unfinished Scito teipsum (“Know thyself,” also known as the “Ethics”; c.1138) analyses moral action. (shrink)

This clear, riveting book will be of great interest not only to philosophers and to historians of philosophy but also to anyone interested in the great ...

Chaotic dynamics has been hailed as the third great scientific revolution in physics this century, comparable to relativity and quantum mechanics. In this book, Peter Smith takes a cool, critical look at such claims. He cuts through the hype and rhetoric by explaining some of the basic mathematical ideas in a clear and accessible way, and by carefully discussing the methodological issues which arise. In particular, he explores the new kinds of explanation of empirical phenomena which modern dynamics can (...) deliver. Explaining Chaos will be compulsory reading for philosophers of science and for anyone who has wondered about the conceptual foundations of chaos theory. (shrink)

In the Western world it is usually taken as given that we all want happiness, and our educational arrangements tacitly acknowledge this. Happiness, Hope, and Despair argues, however, that education has an important role to play in deepening our understanding of suffering and despair as well as happiness and joy. Education can be uncomfortable, unpredictable, and unsettling; it can lead to greater uncertainty and unhappiness. Drawing on the work of Søren Kierkegaard, Miguel de Unamuno, Fyodor Dostoevsky, Simone Weil, Paulo Freire, (...) and others, Peter Roberts shows why these features of educational life need not be feared; to the contrary, they can be seen as a source of hope and human fulfilment. After years of negotiating an education system dominated by the language of competition, performance, and economic advancement, students and teachers often long for something different; they seek not just measurable success but also opportunities to ask searching questions of themselves and the world they encounter. Happiness, Hope, and Despair makes an important contribution toward meeting this need. It fosters a rethinking of the nature, purpose, and value of education, and opens up possibilities for further scholarly and professional inquiry. (shrink)

In this compelling and timely treatise, cultural theorist and educator Peter Trifonas puts forth the first book-length study of Jacques Derrida's 'educational texts:' that is, those writings most explicitly concerned with the ethics and politics of the historico-philosophical structures constituting the scene of teaching. The text examines how deconstruction allows us to re-think the socio-historical and ethico-philosophical aspects of pedagogical practices and policies, including pedagogical theories that have had direct bearing on the ethical and cultural ideals forming the reason (...) of Western educational systems and the exclusion of its 'Others.'. (shrink)

Philosophers have not taken the evolution of human beings seriously enough. If they did, argues Peter Munz, many long standing philosophical problems would be resolved. One of philosophical concequences of biology is that all the knowledge produced in evolution is a priori, i.e., established hypothetically by chance mutation and selective retention, not by observation and intelligent induction. For organisms as embodied theories, selection is natural and for theories as disembodied organisms, it is artificial. Following Popper, the growth of knowledge (...) is seen to be continuous from the amoeba to Einstein'. Philosophical Darwinism throws a whole new light on many contemporary debates. It has damaging implications for cognitive science and artificial intelligence, and questions attempts from within biology to reduce mental events to neural processes. More importantly, it provides a rational postmodern alternative to what the author argues are the unreasonable postmodern fashions of Kuhn, Lyotard and Rorty. (shrink)