This book discusses and aims to clarify the issue of describing conduct and character as ‘good’ or ‘bad’, or as ‘right’ or ‘wrong’. The book states that one of the main factors that have made this issue obscure is the illusion of some anti-naturalists that purely logical considerations can settle it. It clearly defines the limitations of the discussions: it is not concerned with the ‘other things’ people use to define conduct and character. The book attempts to consider the issue (...) from the purely logician point of view and suggests to the naturalists and anti-naturalists how their positions may be freed from logical faults. The book also introduces the ‘logic of ethics’, which is not a special kind or branch of logic, but rather an application of it. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Fault LinesLaura A. KatersI first meet Shawn in person on the 46th day of his most recent hospitalization. We sit outside of a community hospital on a wooden bench dedicated as a place to “sit, pause, and reflect.” It’s a biting cold November afternoon and I try to keep my shivering at bay by thinking of warm things. Shawn is wearing only a thin hospital gown and socks, (...) but the cold doesn’t seem to bother him. I’m his self-appointed chaperone so he can sit outside and vape.“I hope you don’t think you’re doing me a favor,” he says. “I should be able to do this in my room.”What Shawn doesn’t realize is that I’ve turned my day upside down for him and this vape. He is off balance and at high risk for falls and so he can’t leave his room without someone watching him. I yearned to do something human for Shawn and so I spent hours chasing for permission from his primary medical team. We etch out an agreement that just because I am offering to take Shawn outside, he shouldn’t expect the same from others.Shawn is gaunt and toxic appearing, and visitors stare at us as they enter the hospital with one patron mouthing to me, “Are you alright?” as if I’m there against my will, but I see what they see. I watch as a stringy mess of brown hair falls away from his upturned face; his eyes are closed against the sunlight. I’m overwhelmed by the odor of urine and feces and staleness because he refuses to let anyone help him bathe. We sit in an awkward silence initially, but nothing about Shawn is straightforward. After yet another prolonged hospital admission, he’s already made the clearest decision of his life. He’s 32 years old.I learn that Shawn was diagnosed with Crohn’s disease, an inflammatory bowel disease (IBD), only two years prior. Such were the ravages of his illness and its lack of response to conventional medications and treatment modalities that he lost sight of himself, literally. His body morphed from strong and athletic to cachectic, his skin turned translucent. The first surgery after his diagnosis was an emergent one for a perforated bowel that nearly killed him and was rife with complications. Afterward, Shawn was frequently admitted to various hospitals with complex abdominal pain, followed by more surgeries.This admission is different, however, because Shawn also has an abdominal infection so severe that it limits his ability to eat or drink. The nurses placed a peripherally inserted central catheter, or PICC line, which allows for intravenous delivery of nutrition and fluids, and he is made terminally NPO. Nothing by mouth.Shawn’s abdominal infection also coincides with terrific pain that is never adequately alleviated. One night, out of a desperate attempt to momentarily escape his illness and reality, Shawn crushed the opioids he is given every few hours, mixed them with tap water, and injected them directly into his PICC line. He later admitted to doing this for years every time he had a PICC or IV access outside the hospital, which was often. Unbeknownst to him was that the nondigestible parts of the pills such as talc and cellulose—the bits that hold the pills together—end up in the veins as wells. These fragments travel to the lungs where they lodge in the alveoli and create an irreversible condition called “excipient lung disease,” leading to pulmonary hypertension, inflammation, and early mortality. Shawn had experienced increasing shortness of breath over the last year, and ground glass opacities on his chest [End Page 26] CT-imaging could reflect this rare phenomenon. Most notable, however, was how upset he became that no one warned him that injecting crushed pills into his PICC line could result in such damage.“You see how desperate I’ve become,” he earnestly told his medical team. “Why wouldn’t you help me protect myself?”From what I know, it’s evident that Shawn needs a PICC line to survive outside the hospital, yet because of his misuse of the... (shrink)

I provide a brief history of the common law governing the criminal liability of intoxicated offenders, and the codification and application of the intoxication rules in Canada. I argue that the common law and its statutory application in Canada violate a number of principles of criminal justice. I then argue that the rules cannot be saved by attempts to subsume them under principles of prior fault. I end with a modest proposal for law reform.

In lieu of an abstract, here is a brief excerpt of the content:Cloning without Prior Approval:A Response to Recent Disclosures of NoncomplianceRuth Macklin (bio)Editor's note: In September 1994, the Kennedy Institute of Ethics Journal published a special issue on the ethics of embryo splitting or "cloning," which included papers originally prepared for a workshop on embryo splitting sponsored by the National Advisory Board on Ethics in Reproduction (NABER) and NABER's report, Human Cloning through Embryo Splitting. The impetus for the (...) project was embryo-splitting research conducted by Drs. Jerry L. Hall, Robert J. Stillman, and others, at George Washington University and presented in October 1993 at a joint meeting of the American Fertility Society and the Canadian Fertility and Andrology Society. Media coverage at the time reported that the research had been approved by the university's formal review committees. However, it came to light in December 1994 that the researchers had not obtained approval from the university's institutional review board prior to conducting the research. Following a university investigation, the researchers were disciplined and instructed to destroy their data. The university also voluntarily forwarded the records of the incident to the Office for Protection from Research Risks at the National Institutes of Health. Dr. Hall resigned from George Washington University in September 1994.In the following postscript to her article on the ethics of embryo splitting (KIEJ, September 1994), Ruth Macklin discusses these events. The letters and memoranda that she cites were obtained from NIH through the Freedom of Information Act.My article, "Splitting Embryos on the Slippery Slope: Ethics and Public Policy" (KIEJ, September 1994), included a brief assessment of the ethics of the Hall-Stillman embryo-splitting experiment conducted at George Washington University (GWU). The article reviewed the researchers' stated purpose ("to help infertile couples by reproducing nature's ability to reproduce twins"), the features of the research itself (splitting embryos that never could become viable and with no plan to implant either the original or the split embryos), and the review procedures surrounding the experiment. I said that the researchers might be [End Page 57] faulted for not waiting until embryo research guidelines had been established at the national level; on the other hand, they surely could not fail to conform to such national guidelines when none existed.My conclusions were based on information that had been reported in the print media. Dr. Robert J. Stillman's statement that the experiment "had been approved by the university's formal review committees and peer reviewed by colleagues" was reported in the Washington Post on October 25, 1993, (Sawyer 1993). However, in light of the recent disclosure that the researchers had not obtained approval from George Washington University's IRB before proceeding with the research (Schwartz 1994), I now draw a sharply different conclusion about the ethics of the researchers' behavior.The most glaring flaw was the researchers' failure to submit a protocol to their institution's IRB in advance of embarking on the research. Following an investigation of the matter, the Office for Protection from Research Risks (OPRR) made the further determination that "the failure on the part of GWU research investigators and administrators to notify the IRB promptly about noncompliance in this research constitutes additional serious noncompliance" with research regulations (J. Thomas Puglisi, Chief of the Compliance Oversight Branch, Division of Human Subject Protections, OPRR, letter to Stephen J. Trachtenberg, President of George Washington University, 23 August 1994). Is it reasonable to suppose that these researchers were unaware of their obligations (a) to obtain prior review and approval from the IRB and (b) to notify the IRB promptly about their noncompliance? Regarding the latter item, Dr. Puglisi's letter to the President of GWU states that "the notification requirement has been a longstanding element of the GWU MPA [multiple project assurance], which should have been familiar to all members of the GWU research community." I shall concentrate on the researchers' more glaring ethical omission, failure to obtain prior review and approval from the IRB.Did either or both of these researchers contend that they were unaware of any review requirements for their research? Hall blames Stillman, Director of the Division of Reproductive Endocrinology, Fertility, and IVF Programs, for not making the requirement... (shrink)

When surprising events occur, people naturally try to generate explanations of them. Such explanations usually involve hypothesizing causes that have the events as effects. Reasoning from effects to prior causes is found in many domains, including: Social reasoning: when friends are acting strange, we conjecture about what might be bothering them. Legal reasoning: when a crime has been committed, jurors must decide whether the prosecution's case gives a convincing explanation of the evidence. Medical diagnosis: given a set of symptoms, (...) a physician tries to decide what disease or diseases produced them. Fault diagnosis in manufacturing: when a piece of equipment breaks down, a trouble shooter must try to determine the cause of the breakdown. Scientific theory evaluation: scientists seek an acceptable theory to explain experimental evidence. What is the nature of such reasoning? (shrink)

Many journals and publishers employ online submission systems to process manuscripts. In some cases, one “template” format exists, but it is then molded slightly to suit the specific needs of each journal, a decision made by the editor-in-chief or editors. In the past few years, there has been an increase in the number of cases in which OSSs have been abused, mostly by the authorship, either through the creation of fake identities or the use of false e-mail accounts. Although the (...) abusive or fraudulent authors are at fault in such cases, the fact that such cases remained undetected for so long is of concern. Moreover, the current OSSs are imperfect, have security issues and may not be able to detect false information, except through post-submission verification. Sting operations, which involve the submission of false manuscripts with false identities and false affiliations, are no less unethical, and those who abuse the publishing protocol deserve to be as reprimanded as those who abuse OSSs. Finally, I question the ethics of editors or publishers creating OSS accounts on behalf of reviewers prior to obtaining their explicit permission. doi: 10.5294/pebi.2016.20.2.3. (shrink)

My dissertation concerns Nietzsche's ethical thought. At the center of Nietzsche's philosophical ethics was the attempt to provide some reassurance about the status of norms and values. On his diagnosis, intensifying self-scrutiny with regard to ethical commitments has led to a contemporary situation in which no way of life seems particularly authoritative or worthwhile. Nietzsche therefore sought some means to extend and satisfy critical scrutiny, so as to find norms and values that sustain their "force." ;In the first chapter I (...) trace the early development of Nietzsche's project, especially how his philosophical concerns about reassurance and the authority of norms arose out of his philological interest in the meaning of cultural phenomena. I argue that Nietzsche's philosophical concerns were "existential" in character, and that he eventually settled on a "rationalist" approach to addressing them. ;The second chapter concerns Nietzsche's argument for the inadequacy of appeals to truth or nature to resolve questions of an existential scope. Nietzsche argued that appeals to truth depend on prior normative commitments and thus cannot be decisive against critical doubt. ;Chapter III concerns the critical aspect of Nietzsche's project, namely genealogy. Genealogy recounts the history of ethical "ideals" in terms of their purposiveness, and assesses them in terms of their success or failure. Nietzsche argued that even ethical ideals are in some way functional, and one can thus assess whether or not they 'work.' This provides the critical leverage with which Nietzsche scrutinizes and finds fault with defective ideals: his account of their necessary failure. ;The final chapter concerns Nietzsche's constructive, or "affirmative" project. Nietzsche argued that an assessment of norms and values in terms of their ability to sustain "affirmation" is critically adequate. That is, for a norm or value to survive scrutiny, it has to serve to guide or structure a life that inspires an allegiance to that life that Nietzsche described as "erotic" in character. Nietzsche argued that some such commitment is necessary for one to be able to give meaning to one's life, and that this is a precondition for any determination of freedom. (shrink)

Many journals and publishers employ online submission systems to process manuscripts. In some cases, one “template” format exists, but it is then molded slightly to suit the specific needs of each journal, a decision made by the editor-in-chief or editors. In the past few years, there has been an increase in the number of cases in which OSSs have been abused, mostly by the authorship, either through the creation of fake identities or the use of false e-mail accounts. Although the (...) abusive or fraudulent authors are at fault in such cases, the fact that such cases remained undetected for so long is of concern. Moreover, the current OSSs are imperfect, have security issues and may not be able to detect false information, except through post-submission verification. Sting operations, which involve the submission of false manuscripts with false identities and false affiliations, are no less unethical, and those who abuse the publishing protocol deserve to be as reprimanded as those who abuse OSSs. Finally, I question the ethics of editors or publishers creating OSS accounts on behalf of reviewers prior to obtaining their explicit permission. doi: 10.5294/pebi.2016.20.2.3. (shrink)

Husserl argues in the Crisis that the prevalent tradition of positive science in his time had a philosophical core, called by him "Galilean science", that mistook the quest for objective theory with the quest for truth. Husserl is here referring to Gottingen science of the Golden Years. For Husserl, theory "grows" out of the "soil" of the prescientific, that is, pretheoretical, life-world. Scientific truth finally is to be sought not in theory but rather in the pragmatic-perceptual praxes of measurement. Husserl (...) is faulted for taking measuring processes to be "infinitely perfectible". The dependence of new scientific phenomena on the existence of prior "prescientific" inductive praxis is analyzed, also Husserl's residual objectivism and failure to appreciate the hermeneutic character of measurement. Though not a scientific (theory-)realist, neither was he an instrumentalist, but he was a scientific (phenomena-)realist. (shrink)

Grief is not a kind of feeling, or a kind of judgement, or a kind of perception, or any kind of mental state or event the identity of which can be adequately captured at a moment in time. Instead, grief is a kind of process; more specifically, it is a complex pattern of activity and passivity, inner and outer, which unfolds over time, and the unfolding pattern over time is explanatorily prior to what is the case at any particular (...) time. The pattern of a particular grieving is best understood and explained through a narrative account, and not merely through a causal account, for narrative accounts in such cases have powerful explanatory, revelatory, and expressive powers which causal accounts lack. Although I will not argue for it here, I believe that this view of grief can be generalised to other kinds of emotion. If this is so, then many philosophical accounts of emotion are at fault in identifying emotion with a kind of mental state or event. (shrink)

At Metaphysics A 5 986a22-b2, Aristotle refers to a Pythagorean table, with two columns of paired opposites. I argue that 1) although Burkert and Zhmud have argued otherwise, there is sufficient textual evidence to indicate that the table, or one much like it, is indeed of Pythagorean origin; 2) research in structural anthropology indicates that the tables are a formalization of arrays of “symbolic classification” which express a pre-scientific world view with social and ethical implications, according to which the presence (...) of a principle on one column of the table will carry with it another principle within the same column; 3) a close analysis of Aristotle's arguments shows that he thought that the table expresses real causal relationships; and 4) Aristotle faults the table of opposites with positing its principles as having universal application and with not distinguishing between those principles that are causally prior and those that are posterior. Aristotle's account of scientific explanation and his own explanations that he developed in accordance with this account are in part the result of his critical encounter with this prescientific Pythagorean table. (shrink)

This article first refines the question of Kant's relation to Hume's skepticism, and then considers the evidence for Kant's attitude toward Hume in three contexts: the A Critique, the Prolegomena, and the B Critique. My thesis is that in the A Critique Kant viewed skepticism positively, as a necessary reaction to dogmatism and a spur toward critique. In his initial statement of the critical philosophy Kant treated Hume as an ally in curbing dogmatism, but one who stopped short of what (...) was really needed: a full critique of reason, to establish the boundaries of metaphysical cognition. Kant found fault with Hume's analyses of cognition and experience, and specifically his failure to see the crucial importance of synthetic a priori cognition in metaphysics. In particular, he held that Hume's empiricist account of cognition could neither explain the synthetic a priori cognition actually found in mathematics and natural science, nor provide a principled account of the limits on what can be known--and what can be thought--through the pure concepts of the understanding. According to Kant, Hume therefore failed in his attempt to determine the limits of metaphysics, whereas Kant succeeded because his transcendental philosophy provided a thorough account of cognition, its structure and limits. In the Prolegomena and the B Critique Kant distinguished his position more sharply from Hume's. He also adopted a more negative attitude toward "skeptical idealism" than before; but he attributed such skepticism to Descartes, not Hume. Prior to the B Critique Kant did not see Hume as attacking natural science or ordinary cognition. In none of the three works was Kant's main aim to "answer the skeptic." His primary aim was what he said it was: to firmly establish the boundary of metaphysics, by discovering the elements of human cognition and fixing its proper domain. His purported discoveries about the limits of metaphysical cognition meant that the traditional objects of metaphysical knowledge, God, the soul, and the world as it is in itself, are unknowable, hence that traditional metaphysics itself is impossible. Besides settling the possibility or impossibility of metaphysics, his findings would also prevent the illegitimate extension of principles of sensibility to God and the noumenal self, an extension that would threaten the metaphysics of morals by incorrectly denying the thinkability of noumenal freedom, and that might otherwise lead to "materialism, fatalism, atheism, and freethinking unbelief" (B xxxiv). (shrink)

The slogan that criminal liability requires an ‘act’, or a ‘voluntary act’, is still something of a commonplace in textbooks of criminal law. There are, it is usually added, certain exceptions to this requirement— cases in which liability is in fact, and perhaps even properly, imposed in the absence of such an act: but the ‘act requirement’ is taken to represent a normally minimal necessary condition of criminal liability. Even offences of strict liability, for which no mens rea is required, (...) require an act: thus to the familiar slogan that actus non facit reum nisi metis sit rea we can add the prior, more fundamental slogan that mens non facit reum nisi actus sit reus ; before we ask whether a defendant acted with mens rea or fault, we must ask whether he committed a criminal act at all. (shrink)

Why would decision makers adopt heuristics, priors, or in short “habits” that prevent them from optimally using pertinent information—even when such information is freely-available? One answer, Herbert Simon’s “procedural rationality” regards the question invalid: DMs do not, and in fact cannot, process information in an optimal fashion. For Simon, habits are the primitives, where humans are ready to replace them only when they no longer sustain a pregiven “satisficing” goal. An alternative answer, Daniel Kahneman’s “mental economy” regards the question valid: (...) DMs make decisions based on optimization. Kahneman understands optimization not differently from the standard economist’s “bounded rationality.” This might surprise some researchers given that the early Kahneman, along with Tversky, have uncovered biases that appear to suggest that choices depart greatly from rational choices. However, once we consider cognitive cost as part of the constraints, such biases turn out to be occasional failures of habits that are otherwise optimal on average. They are optimal as they save us the cognitive cost of case-by-case deliberation. While Kahneman’s bounded rationality situates him in the neoclassical economics camp, Simon’s procedural rationality echoes Bourdieu’s “habitus” camp. To abridge the fault line of the two camps, this paper proposes a “two problem areas hypothesis.” Along the neoclassical camp, habits satisfy wellbeing, what this paper calls “substantive satisfaction.” Along the Bourdieu camp, habits satisfy belonging, love, and bonding with one’s environment, what this paper calls “transcendental satisfaction.”. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Rhetoric 35.4 (2002) 345-367 [Access article in PDF] Imagining in the Public Sphere Robert Asen Contemporary public sphere scholarship has been motivated significantly by a concern to overcome historical and conceptual exclusions in public spheres. Recent theory and criticism has investigated direct and indirect exclusions. Direct exclusions expressly prevent the participation of particular individuals and groups in public discussions and debates. Prohibitions against women speaking in public, (...) for example, have served historically to inhibit women's participation in various forums (see, e.g., Landes 1998). Indirect exclusions function tacitly through discursive norms and practices that prescribe particular ways of interacting in public forums. Indirect exclusions compel participants to conform to established modes of discourse that effectively negate the perspectives and contributions of previously directly excluded individuals and groups. Calls for "objective" and "dispassionate" debate, for instance, sometimes have restricted public agendas by portraying culturally specific forms of address as universally practiced (see, e.g., Warner 1993). Indirect exclusions may regulate discourse in various forums even when direct exclusions have been counteracted. Scholarship seeking to overcome these exclusions has proceeded on two levels. On one level, scholars have recounted the efforts of excluded persons to participate in public life despite restrictions by developing alternative modes of publicity (see, e.g., Ryan 1990; Zaeske 2002). On a second level, theorists have proposed more inclusive conceptual models of the public sphere that may overcome historical exclusions of the bourgeois public sphere while retaining a commitment to critical publicity (see, e.g., Asen 1999; Benhabib 1996; Hauser 1999; Mouffe 2000).Practicing democratic discourse fairly and justly depends indispensably on enabling inclusion. Proponents of deliberative democracy argue that political legitimacy arises from processes of inclusive public debate. Seyla Benhabib asserts that "legitimacy in complex societies must be [End Page 345] thought to result from the free and unconstrained public deliberation of all about matters of common concern" (1996, 68). Others regard inclusive public discourse as crucial for the formation of affirmative individual and collective identities. Craig Calhoun faults bourgeois notions of publicity for treating "identity formation as essentially private and prior to participation in the idealized public sphere of rational-critical discourse" (1993, 274). Identity formation entails mutual recognition among members of diverse cultures, yet theorists have observed that truncated discursive processes may inhibit mutual recognition. Charles Taylor writes that practicing a politics of recognition requires an openness toward other cultures—a presumption of value tested through sustained engagement so that "what we have formerly taken for granted as the background to valuation can be situated as one possibility alongside the background of the formerly unfamiliar culture" (1994, 67). Inclusiveness is also important for individuals and groups seeking to advance self-fashioned interpretations of their interests and needs against interpretations imposed by others. Nancy Fraser explains that self-fashioning is necessary because in public debates and controversies "who gets to establish authoritative thick definitions of people's needs is itself a political stake" (1989, 164).Although inclusion is indispensable, exclusion is never total. Sometimes, people force their way into public forums and agendas. For example, participation by activists in discussions of AIDS research and treatment often has been limited by researchers' assertions of expert privilege in investigating scientific matters. Valeria Fabj and Matthew J. Sobnosky (1995) detail how AIDS activists have responded by engaging in discursive acts of redefinition and translation to gain entry into previously circumscribed forums. At other times, people surreptitiously access public arenas. Prison writing is one way that those officially banished from public view nevertheless continue to participate in oppositional discourses and movements. Gerard A. Hauser (2001) considers how dissident Adam Michnik remained a vibrant voice in Polish civil society through his writings even after his imprisonment in the 1980s by an authoritarian regime. At still other times, typically excluded people may be invited to participate in public discussions. Members of the AIDS activist group ACT UP occasionally have testified in the traditional setting of the congressional committee hearing as invited witnesses. Daniel C. Brouwer (2001) maintains that politically sympathetic committee chairs facilitated ACT UP's "official" appearances before members of Congress. Whether invited or... (shrink)

This chapter considers Kant's relation to Hume as Kant himself understood it when he wrote the Critique of Pure Reason and the Prolegomena. It first seeks to refine the question of Kant's relation to Hume's skepticism, and it then considers the evidence for Kant's attitude toward Hume in three works: the A Critique, Prolegomena, and B Critique. It argues that in the A Critique Kant viewed skepticism positively, as a necessary reaction to dogmatism and a spur toward critique. In his (...) initial statement of the critical philosophy Kant treated Hume as an ally in curbing dogmatism, but one who stopped short of what was really needed: a full critique of reason, to establish the boundaries of metaphysical cognition. Kant found fault with Hume's analyses of cognition and experience, and specifically his failure to see the crucial importance of synthetic a priori cognition in metaphysics. In particular, he held that Hume's empiricist account of cognition could neither explain the synthetic a priori cognition actually found in mathematics and natural science, nor provide a principled account of the limits on what can be known--and what can be thought--through the pure concepts of the understanding. According to Kant, Hume therefore failed in his attempt to determine the limits of metaphysics, whereas he was able to succeed because his transcendental philosophy provided a thorough account of cognition, its structure and limits. In the Prolegomena and the B Critique Kant distinguished his position more sharply from Hume's. He also adopted a more negative attitude toward "skeptical idealism" than before; but he attributed such skepticism to Descartes, not Hume. Prior to the B Critique Kant did not see Hume as attacking natural science or ordinary cognition. In none of the three works was Kant's main aim to "answer the skeptic." His primary aim was to firmly establish the boundary of metaphysics, by discovering the elements of human cognition and fixing its proper domain. His purported discoveries about the limits of metaphysical cognition meant that the traditional objects of metaphysical knowledge, God, the soul, and the world as it is in itself, are unknowable, hence that traditional metaphysics itself is impossible. Besides settling the possibility or impossibility of metaphysics, his findings would also prevent the illegitimate extension of principles of sensibility to God and the noumenal self, an extension that would threaten the metaphysics of morals by incorrectly denying the thinkability of noumenal freedom, and that might otherwise lead to "materialism, fatalism, atheism, and freethinking unbelief" (B xxxiv). (shrink)

We explore two special challenges indigenous peoples pose to the idea of sovereigns as trustees for humanity. The first challenge is rooted in a colonial history during which a trusteeship model of sovereignty served as an enabler of paternalistic colonial policies. The challenge is to show that the trusteeship model is not irreparably colonial in nature. The second challenge, which emerges from the first, is to specify the scope and nature of indigenous peoples’ sovereignty within the trusteeship model. Whereas the (...) interaction between states and foreign nationals is the locus of cosmopolitan law, the relationship between states and indigenous peoples is distinctive. In the ordinary cosmopolitan case, foreign nationals do not purport to possess legal authority. Indigenous peoples often do make such a claim, pitting their claim to authority against the state’s. We discuss how international law has attempted to come to grips with indigenous sovereignty by requiring states to include indigenous peoples in decision-making processes that affect their historical lands and rights. A crucial fault line in the jurisprudence, however, separates a duty to consult indigenous peoples from a duty to acquire their free, prior and informed consent. The latter but not the former recognizes that indigenous peoples possess a veto over state projects on their lands, in effect recognizing in them a limited co-legislative power. We focus on recent jurisprudence from the Inter-American Court of Human Rights, and consider whether either the duty to consult or FPIC are enough to dispel the shadow of the trusteeship model’s colonial past. We suggest that they are a move in the right direction, and that implicitly they represent international law’s recognition that states are no longer the sole bearers of sovereignty at international law. In limited circumstances, international law recognizes indigenous peoples as sovereign actors. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 42.2 (2004) 234-235 [Access article in PDF] Leonard Lawlor. Derrida and Husserl: The Basic Problem of Phenomenology. Bloomington: Indiana University Press, 2002. Pp. xii + 286. Paper, $19.95. Ever since Derrida began producing his interpretive critical studies on the giant figures of Husserl and Heidegger, a book of the kind Lawlor offers has been needed. Framing his study by drawing directly from Derrida's (...) texts themselves, Lawlor takes up in detail Derrida's interpretation and critique of Husserl's phenomenology to show how he moves beyond the framework he identifies as Husserl's in developing his "deconstruction."In the course of a study thus primarily internal to Derrida's texts, Lawlor provides one of the greatest strengths of the book, his fine treatment of the way the work of French thinkers subsequent to Husserl helped Derrida develop the distinctive enterprise of "deconstruction": specifically, Jean Cavaillès, Tran-Duc-Thao (ch. 4, parts 1-2), Jean Hyppolyte (ch. 5, part 1), and Emmanuel Levinas (chs. 6-8). Determinative prior to that, however, is the influence Lawlor shows stemming from Eugen Fink's published writings (chapter 1). Impressive as well throughout (though his "internalist" restriction also shows serious faults—mentioned later) is the exegetical subtlety Lawlor exercises upon Derrida's writings, those concentrating on Husserl from 1953 to 1967, together with one on Lévinas ("Violence et métaphysique," 1964/1967) and three later ones no longer dealing with Husserl (principally "Les fins de l'homme," 1972, De l'esprit, 1987, on Heidegger, and "Spectres de Marx," 1993). It is a choice of texts that is eminently justifiable, even if the necessary inclusion of the latter introduces a dimension that needs to be contrasted more incisively with the way the Husserl-centered material is focused.Lawlor is excellent in showing a shift in interpretive focus and character taking place as Derrida moves from his treatment of Husserl in Le problème de la genèse dans la philosophie de Husserl (1953-54) through his "Introduction" to Husserl's Origine de la géométrie (1962) to La voix et le phénomène (1967) (chs. 4-6). Derrida's interpretive critique of Husserl thus begins with the primacy of the problem of "genesis," of "origin," then moves in transition through the second book (via the notable interlude on Lévinas, ch. 6) to the decisive break from Husserl in the third (ch. 7). With this last, La voix et le phénomène, Lawlor writes, "[t]he problem of the sign has come to replace, for Derrida, the problem of genesis" (166). Here instead of the transcendental power of origination being the intuition-effecting subjectivity of Husserl's Ideas I, a double replacement occurs by which a) "the voice" becomes for Derrida the "ultra-transcendental," and b) its constitutive dynamic, "temporality," is cast as a movement of pure "auto-affection" in a process called "archi-writing," unceasingly generating a supply of element upon element in a "supplement"-driven articulation of meaning (192-97)—in sum, différance as co-incident "differentiation" and "deferral" (196-205). This is the burden of the section (chs. 6 and 7) entitled "The End of Phenomenology and Ontology," closing a debate between Husserl—"phenomenology"—and Heidegger—"ontology." With this the new, post-phenomenological, post-ontological effort begins, the era in which Derrida's philosophic work, now after the definitive "deconstruction of metaphysics," gradually moves ethico-political issues into the foreground, though "[d]ifférance and supplementarity" continue as basic concepts (211-12). Here no foundational grounding underlies clarifications in the region of meaning and value, or rather a "non-foundation" subtends any gaining of insight, radically qualifying its claims. One's efforts deploy in ever-renewed consideration of issues guided by something "deeper than being," by a "non-foundational," "non-ontological" "aporia" "experienced" in deconstructive ultimacy as "the unheard-of question" (234).About all this, some reservations have to be raised. First of all, it is quite clear that in fact the question of "genesis" remains; the whole... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The TripletsManeesh BatraI am a neonatologist and for the majority of my clinical time I care for babies and their families at a large University-based referral neonatal intensive care unit (NICU) in the United States. In 2003, I first visited this rural Ugandan hospital shortly after the opening of a special care baby nursery there, and have been involved with development of that program ever since.Uganda is a beautiful, (...) land-locked country in East Africa with a sordid political history. It is a developing country that is poor, mostly rural with a high fertility rate and a life expectancy of 42 years. The government spends $5 per capita per year on healthcare. The district with the hospital has a population of 500,000, the majority of which is rural. Access to health services is poor, even by Ugandan standards, and child mortality is in the higher band in the country.Most people in the region live in extended family clans. A common home is made of earth, with a grass roof, and a jerry can out front for collecting water from the well. It is an exquisitely lush landscape with fecund soil. At the hospital, there is limited electricity, lab support, medications, blood supplies, and health care workers. For the 200 bed hospital (that accommodates upwards of 400 inpatients when necessary, no one is turned away) there are four to seven Ugandan doctors, who do everything from C-sections, to colostomies, to HIV care to resuscitate babies in the NICU. For a ward of 20-80 patients there are one to two nurses, and maybe a nursing aide. Families do the majority of the care in the hospital, even in the NICU. Mum's express breast milk, perform tube feeds, wash the linens, notify staff when an IV infiltrates, and keep babies warm.Day OneAnother beautiful morning, with fresh instant coffee in hand, birds chirping and kids playing outside. It is good to be back. Over the last eight years, I've [End Page 78] made some close friends here and its good to be among them again. Every time I visit and return home, I leave a piece of me here, and bring back something new with me. This morning that feeling is overwhelming me, an incredible inspiration swells. I am not tired and I want to be busy. It is no wonder that this is where I was inspired to pursue caring for babies as my career. Over these years, it has been amazing to see the staff care for the community's babies and mums here. As an outsider, an opinioned one at that, I feel burdened at the thought of these babies dying somewhat needlessly. Is it really no-one's fault? How should one act in the face of scarcity, knowing there is a better standard to be had if only circumstances were different?I walked into the NICU to find triplets had arrived! Born at about 33 weeks they were two months early. Since they weighed around 1.5kg (about 3 lbs) each, they were at very high risk of dying —however, it was absolutely incredible to see the way they were tucked in by the skilled team. Within an hour of delivery—they were in incubators with IVs, having their hypoglycemia corrected, and two out of three were on oxygen (all of them had their O2 saturations checked). The three babies were tucked in so calmly, with the finest skill and expertise neonatal care anywhere has to offer. In stark contrast to the first admissions I witnessed years ago, the nurses now knew exactly what to do and how to do it. As a result, they had saved many lives and restored hope among the mums of the region that there was somewhere to go to get help. This success resulted in a healthy swagger among the staff because they could intervene successfully.These were spontaneous triplets to this young mum, who already had three other children. She looked tired when she walked into the NICU one hour (yes one hour) after delivering the trio, but if I hadn't known prior, there was no way to know... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Rhetoric 33.3 (2000) 286-290 [Access article in PDF] Letter to Lester Olson Jessica Benjamin Dear Lester Olson,I regret not having responded sooner to your communication. This is a matter of considerable importance to me, but you might imagine that it is difficult to read an analysis of events in which I was so involved that takes so little account of my/our point of view. Let me add, (...) after reading your response, that I do recognize that this is through no fault of your own, and as you indicated to me later, you assiduously strove to get more information. I believe it was Alfred Kazin who (I've heard) said that the movements of today make the dissertations of tomorrow. Since that is always a difficulty, I am sure that my experience is not singular. Unfortunately, in my view, the decontextualization of Audre Lorde's speech at that conference can serve to perpetuate the misunderstanding that underlay the destructive polarization that occurred at that time. To accept her view that the event was organized with no effort to include women of color by oblivious, racist white women is surely not what happened. In fact, the estrangement between white and black women at the time of the "Second Sex Conference" had much deeper causes (the enduring structures of racism in our country) for which I believe no individual could be held responsible.First, let me clarify an important fact. While we organizers of the conference invited numerous black and third world women to participate, we were consistently declined. For instance, Mary Helen Washington said she did not want to speak to an audience of only white women, and it was her experience that only white women came to feminist conferences. Indeed, at the time Michele Wallace, who probably would have been interested had she been available, was vociferously complaining about the lack of interest, indeed the rejection of feminism, among black women. Audre Lorde herself, one of our consultants, had been apprised of the participants for months and never named anyone who could participate. Similarly, Robin [End Page 286] Morgan had been consulted and had offered no suggestions of black participants. Yet ten days before the conference her young black protégé at Ms., Susan McHenry, appeared with a series of demands, including a list of black women she wished to see invited to the conference. Although I had met with Robin Morgan months before, she had never told me of Susan McHenry or proposed her as a participant, rather her interest had been focused on what would become the anti-pornography movement, similar to the interests of Kathy Barry who wrote about female sexual slaves. At the conference, Susan McHenry did speak; she expressed her indignation and outrage, and suggested that the entire conference was a racist gathering that should change direction and consider only the issue of racial exclusion.It is certainly true that the organizers were distressed by the same issue prior to the conference. After nearly a year of organizing, soliciting, and publishing open calls for participation, we were absolutely desperate to find participants who would reflect racial and ethnic groups other than white middle class. But in 1979 the institution of women's studies looked very different than it does now--feminism was a political movement not an academic institution, and only a few women in any university had become interested in it. And that does not even begin to address how few women, let alone black women, were in the universities in 1979!A second important point is that Audre Lorde was not speaking to an audience who disagreed with her; she was speaking to an audience who were already inflamed because they felt that certain identities had been left out of the conference. Despite the fact that it was an open conference, based on an open invitation--we had drawn scores of women to give workshops and papers whom we had never heard of--and despite the fact that we had organized the conference to address differences among women, the audience consisted of many women ready to protest... (shrink)

The NGO Forum, held in Houairou, China, in the fall of 1995, was a defining moment in the global dialogue among women on issues relating to Islam. Prior to that event, discussions of Islamic shari'ah law (law based on religious foundations), in particular, and Islam, in general, had been escalating both in the West and in Muslim countries. In the regional conferences held in preparation for the United Nations Fourth World Conference on Women, held concurrently with the NGO Forum, (...) the intellectual fault‐lines surrounding these issues became pronounced between two radically different schools of thought. The first school of thought argued that shari'ah law was outmoded and should be discarded in favor of a modern Western secular model. The second school of thought denied any problems under existing shari'ah laws. Each group felt very strongly about its point of view. The battle was joined in Houairou. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:THE START OF METAPHYSICS* THEODORE J. KoNDOLEON Villanova University Villanova, Pennsylvania I N HIS RECENTLY published book, John F. X. Knasas seeks to answer this twofold inter-related question: What, according to Saint Thomas's expressed teaching, is the subject of metaphysics and how does the human mind proceed to attain it for the purpose of study? While he acknowledges a debt to Joseph Owens for certain of his basic positions, (...) Knasas will claim that the book's argument is original in the way in which it opposes what he takes as realistically the subject of metaphysics at its initial stage (or with the only understanding of beingens -metaphysics requires to begin) to what will become this science 's subject at its later, more mature stage. Moreover, although he may contradict himself on this point, he will reject, as Saint Thomas's view, the position that a physical demonstration can establish the existence of immaterial being, be it God or angels. He will also argue at some length what he evidently considers a crucial epistemic procedure for the start of metaphysics, viz., that a series of judgments relating individuals back to their acts of existence (from whence they were originally abstracted) is required for the "judgmentally constituted multitude" from which the mind attains common being. Finally, since he will insist that abstraction must be controlled by the data, he will allow no room in Thomistic metaphysics for a beginning metaphysical intuition in which being is seen as not necessarily linked to matter and motion, nor for an a priori approach to its subject which would start *John F. X. Knasas, The Preface to Metaphysics: A Contribution to the N eo-Thomist Debate on the Start of Metaphysics. New York: Peter Lang, 1990. Pp. 193. 121 122 THEODORE J. KONDOLEON from the nature of the knowing subject, viz., the human intellect, as open to and directed toward infinite being and intelligibility. In what follows I will discuss (and critically assess) each of these features of this book as well as address myself briefly to certain things the author has to say about the Thomistic " five ways." In the first three chapters Knasas is primarily concerned with showing that metaphysics cannot begin with a notion of being understood in the sense of ens commune. This sense of the notion traditionally includes both material and immaterial being. However, he argues, since (according to his reading of Aquinas) only metaphysics can demonstrate the existence of immaterial being, its subject cannot, at least at its outset, encompass such being, not even as something conceivable. He therefore opposes the view of Neo-Thomists who, basing themselve? on the now famous and frequently cited text from Saint Thomas's Expositio on Boethius's De Trinitate (Question 5, article 3), insist that metaphysics begins with the recognition that being is something separate from matter and motion (and not merely so in the mind's consideration by abstraction). This separation is understood in the so-called negative judgment of separation: " it is not of the nature of being to be in matter and motion (even though it is sometimes found therein)." On this point Knasas finds fault with " Natural Philosophy" Thomists, among whom he includes the Dominicans L.-B. Geiger (although this writer is barely mentioned and only in a footnote discussion) and James Weisheipl, both of whom have argued that the subject of metaphysics presupposes a demonstration from natural philosophy that immaterial, unchanging being exists (otherwise, they maintain, the separation of which Saint Thomas speaks in the De Trinitate Commentary would have no fundamentum in re). Again, his main argument with these Thomists is that no textual justification can be found for their view-indeed there is counter-textual evidence against it-that physical philosophy proves the existence of immaterial being and that, in the eyes of Aquinas, metaphysics awaits such a demonstration in order to begin. He equally rejects the position, one which he at- THE START OF METAPHYSICS 123 tributes above all to Maritain, that, prior to any argument that would establish the actual existence of God, being can be understood -and this thanks to an existential judgment in which existence is restored to the essence... (shrink)

The ijtihâd issues are among important problems of uṣûl al-fiqh (Islamic legal theory). Given al-beyân el-ijtihâd in the meaning of interpreting naṣṣ (text) and al-qiyâs el-jtihâd in the meaning of reaching a verdict of a new issue which is not determined by naṣṣ, it is possible to say that mujtahid (a jurist) is actively in the ijtihâd activity. Thus, the ijtihâd issues has been discussed in uṣûl al-fiqh since early period. The fact that Shâfi‘î refers to ijtihâd issues in his (...) works which have arrived the present day shows that there is a rich accumulation of knowledge about ijtihâd discussions in early period. After Shâfi‘î, the issues were discussed by scholars of Islamic legal theory. Among the Shâfi‘î (uṣûl al-fiqh) works which have arrived the present day, the first work that deals with ijtihâd issues in an ordered, systematic and detailed way is the work of al-Mâwerdî’s el-Ḥâvi’l-Kebîr. In this study, al-Mâwerdî discusses many issues in uṣûl al-fiqh, especially the definition of ijtihâd, its types, the relation between ijtihad and qıyâs, the qualities of mujtahid, iṣâbet (right) and ḫaṭâ’ (fault) in ijtihâd and the provision of ijtihâd. The debates on the ijtihâd issues in Shâfi‘î uṣûl al-fiqh before al-Mâverdî are important our subject. al-Mâwerdî’s view of uṣûl has a close relationship with the accumulation of uṣûl developed prior to him. al-Mâwerdî mentions the views of many scholars who have contributed the accumulation of the sect in the ijtihad issues, especially Shâfi‘î. He refers to the views of scholars from sects other than Shâfi‘î in the issues he discussed. From this point of view, it is certain that to determine the ijtihâd issues in al-Mâwerdî’s el-Ḥâvi’l-Kebîr will also help us to determine the framework and course of debates on ijtihâd in the classical period. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:BOOK REVIEWS 329 I find Farley's theory of tragic existence and divine compassion distressing and depressing. To sufferers, it says: "C'est la vie!" Put more learnedly, "created perfection is fragile, tragically structured.. •. And yet, without creation, divine eros remains merely potential, inarticulate. The fragility of creation and the nonabsolute power of God culminate in the tragedy and rupture of history" (p. 124). Thank God, I can now have (...) God,to blame. Of course, God is trying to repair the damage, but even God's efforts are ultimately vain since "absolute evil " will ever play havoc with history and since God himself is responsible for suffering. Furthermore, since the author does not offer any extensive discussion of the suffering and death of God.on the cross (she dismisses the idea: "The compassionate God is... to he distinguished from the benevolent but impotent deity who ' suffers with ' the world" [p. 112]), nor of the resurrection of Jesus as divine vindication of innocent suffering, nor of hope for a life beyond,· her tragic vision sheds no real light on the problem of suffering nor can it pro-.vide impetus for the struggle against evil or hope for victims-especially when demons whisper that life is futile, suffering meaningless, and the cosmos void. The book is repetitive (suffering: pp. 23-24, 30-31, 51-59, 115-119; tragic vision: pp. 31-37, 78-79, 98-99, 106-110, 124-125; compassion: pp. 37-39, 79-81, 92-94, 110-114, 114-119, 126-128). It is oracular ("theologians have been uncomfortable about directly attributing love to God " [p. 96], self-contradictory (it speaks of God's " aseity " and divine " relationship " in the same breath [p. 105]), and misleading in its use of sources (e.g. its appeal to Thomas for its peculiar understanding of analogical language about God [pp. 101-103]). Mercifully, the hook is brief. The Catholic University of America Washington, D.C. PETER c. PHAN Time, Freedom, and the Common Good. By CHARLES M. SHEROVER. New York: State University of New York Press, 1989. Pp. xiii+ 314. $59.50 (cloth) ; $19.95 (paper). Guided by the insights of traditional political philosophy and contemporary phenomenology and animated by 'the spirit of Tocqueville, Sherover's book is an attempt " to secure the foundations of a public philosophy adequate for our time" (p. xii). Like Tqcqueville, Sherover is preoccupied with the " universal appeal of freedom," with its com- 330 BOOK REVIEWS plications, its paradoxes, and especially its possibilities. Sherover faults liberalism for its simplistic conception of freedom and its " superficial view of the nature of human existence" (p. 8). In an attempt to find a more adequate account of human experience, Sherover appeals to three existential categories: sociality, temporality, and freedom. The project of the book, which moves from the establishment and articulation of these categories to :their practical application, is ambitious. Yet the argument is lucid and persuasive. Following Aristotle, Sherover argues for the primacy of the social in human life. He effectively argues not only that moral norms and linguistic practices are socially rooted phenomena, but also that " social membership is prior... to any notion of differentiating individuality " (p. 20). Social atomism is but a theoretical abstraction, and individualism is as incoherent as a private language. Sherover points out that the defense ·of the social nature of human existence has at least one negative result: it undermines political theories that are rooted in a radically individualistic conception of human nature. Yet the emphasis on sociality does play a positive role in Sherover's essay: it serves as an initial justification of the relevance of the idea of the common good to political discourse. The existential category of sociality surfaces, for instance, in Sherover's cogent account of rights, wherein he argues that particular rights should not be seen as innate and absolute. The claim that rights are innate renders unintelligible the prevalent notion of "newly dis· covered" rights (p. 79). Instead, particular rights are socially recog· nized, justifiable claims which cannot he isolated from the social and political context in which they are recognized and exercised. Particular r.ights come into being over time and in intimate connection with con· crete... (shrink)

A Nyaya definition the major purpose of which is efficient use of words and avoiding ambiguities and errors, is the statement of a unique feature that belongs to each definiendum and nothing else so that there is none of the three faults of overcoverage, undercoverage and failure to belong to any definiendum. There should be no circularity that is of three kinds, self-dependence (where the definiendum appears in the definiens); mutual dependence (where the definiendum and the definiens are used in (...) the definition of each other) and defining in a circle. A definition should also be economical: there are mainly three kinds of economy; economy in constitution (that avoids including anything superfluous or unnecessary to distinguish the definiendum from everything else), economy in relation (the directly related is preferable to the indirectly related) and economy in cognition (something cognitively prior is preferable to something posterior). While more than one definition is possible that need not state the essence, the test of economy is in place to avoid redundancy and provide criteria of preference among defining features that are unique and non-circular. (shrink)

There are two distinct but related threads in this article. The first is methodological and is aimed at exploring the relative merits and faults of different operational definitions of consciousness. The second is conceptual and is aimed at understanding the prior commitments regarding the nature of conscious content that motivate these positions. I consider two distinct operationalizations: one defines consciousness in terms of dichotomous subjective reports, the other in terms of graded subjective reports. I ultimately argue that both approaches (...) are inadequate and that a third alternative that involves integration of subjective report and task performance should be adopted. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Vertical Transmission:The Patient, the Student, the TeacherMiguel PaniaguaHe did not ask for this fate, nor did he deserve it, particularly considering the tragic circumstances. Lì presented to the campus health provider one month prior with fatigue, abdominal pain, and jaundice. He and his parents immigrated to the United States from China when he was a child. He was well aware that he had hepatitis B from what is (...) termed "vertical transmission." His mom unknowingly passed on this virus to him during her pregnancy. In most countries with a high prevalence of the virus, prenatal screening is routinely undertaken, and prophylaxis administered. I am not certain this occurred in Lì's case and at this point it did not matter. Lì knew he would live with this for the duration of his life. In fact, he told me he had gone his whole life to this point without any symptoms whatsoever. What is known about chronic hepatitis B infection is that in most people affected, it can be considered a chronic disease where most live a long full life. The risk of advancing to liver cirrhosis or cancer in general is low. This unfortunately was not the case with Lì.What transpired was what they most feared. As he was studying for his final exams, Lì endured days of worsening fatigue, malaise, and nausea. He noticed his skin was a tinge of yellow and he was having some itching that was unusual. He noticed his clothes fitting more loosely and found he had unintentionally lost twenty pounds. He visited the campus health center and after a series of tests and imaging studies, Lì was diagnosed with advanced hepatocellular carcinoma, an unfortunate sequela of this chronic infection. It was then that he put school on hold and returned home to get further care.I first met Lì in the hospital as a consultant for the palliative medicine service. "He won't listen." "He is so difficult." "He is in denial." These were examples of some of the care team's exasperated assessments of his demeanor as a patient. What I did not realize prior to visiting him the first time was that Lì was a pre-clinical medical student. When I first met him, he did not want to talk very much; he was preoccupied and distant. In retrospect, I can see that he was suffering on so many levels. His appearance was gaunt and cachectic. The lights in the room cast shadows in the concave areas of his temples and his collarbones were the most prominent feature of his torso through his hospital gown. He glowed yellow from jaundice. When I examined him on this first visit, I noticed that his liver, a now grossly enlarged hard and nodular structure, occupied most of his abdomen. I found that speaking to him as a colleague, even calling him "doctor," helped him feel respected and enabled me to build rapport with him. At one point, I described to him the findings I felt in his abdomen. "I can palpate the edge of your liver here, what seems to be eight centimeters below your costal margin. There are many palpable nodularities on the ventral surface." It was at this point I invited him to palpate what I was feeling. I gently guided his own hand over his abdomen and noticed him studying the features as if they were not his own, like a skilled diagnostician.Over the course of three weeks, I visited with Lì when I was on service. The last time I saw him, he had declined rapidly, his disease progressing [End Page 17] cruelly, and he was very short of breath and becoming more somnolent. I noticed his mother in the room, standing by his bed, and crying inconsolably as he lay suffering. I felt deep anguish and remorse, wondering if she said these words to herself "It is all my fault," considering the source of his initial illness. I cannot even imagine.As I assisted the team in titrating his comfort medications, I sat with him. He shook my hand with all the strength left that he could muster and said, "you are a good doctor." I... (shrink)

Reflections on free choice and determinism constitute a recurring, if rarified, sphere of legal reasoning. Controversy, of course, swirls around the perennially vexing question of the propriety of punishing human persons for conduct that they are unable to avoid. Drawing upon conditions similar, if not identical, to those traditionally associated with attribution of moral fault, persons subject to such necessitating causal constraints generally are not considered responsible in the requisite sense for their conduct; and, thus, they are not held (...) culpable for its consequences. The standard argument against free choice asserts that free choice cannot exist because determinism, as a property of laws governing the cosmos, excludes such a possibility. This contingent factual claim, however, has always proven problematic. Contemporary discussions - no doubt aware of this disputed factual premise - draw upon a more novel, and arguably more devastating critique: free will must be rejected because its very conception is incoherent. Rather than assuming the existence of determinism and attempting to show its incompatibility with free will, this argument begins with consideration of the idea of free choice and concludes that, if it is to have any sense at all, it must be compatible with determinism. Obviously, no single treatment of the free will problem could address all its nuances. This Article more modestly offers one possible approach to the question. Part I elaborates in more detail the view that the traditional conception of free choice is incoherent and, thus, inevitably undermines the very responsibility it is asserted to constitute; Part II considers the resulting effort to develop a model of human freedom compatible with determinism; and Part III, drawing upon the prior discussions, describes - in terms of classical action theory - a conception of free choice justifying personal moral and legal responsibility that avoids both the incoherence of "uncaused freedom" as well as the shortcomings of determinism. (shrink)

Our world is full of fictional devices that let people feel better about their situation - through deception and self-deception. The legal realist, Felix Cohen, argued that law and legal reasoning is full of similarly dubious labels and bad reasoning, though of a special kind. He argued that judges, lawyers and legal commentators allow linguistic inventions and conventions to distort their thinking. Like the ancient peoples who built idols out of stone and wood and then asked them for assistance and (...) guidance, Cohen argued that within the legal world people tend to create legal concepts and then think that these concepts do or should determine how social disputes must be The philosopher Ludwig Wittgenstein similarly spoke of the way we fool ourselves, when we use a noun for some matter, and then assume that, because nouns usually name objects, here as well there must be some entity that exists out in the world, whose nature can be discovered. Our grammar misleads us. This article explores some of the ways, particularly in contract law and family law, that we have been led astray by our legal language. Because we only rarely have an Oliver Wendell Holmes, Jr., or a Felix Cohen to keep us in line, we need to learn to do the important work ourselves. The great danger is the way that inaccurate language can so easily change our substantive views about what is natural or what is right. If transparency is difficult in legal language, much of the fault may lie with lawyers and judges who want to make their conclusions sound more reasonable, less controversial, and more appealing: so we call it "consent" and "waiver" and "meeting of the minds" and "best interests of the child," when it is in fact something quite different. And at least in the common law systems the process of reasoning and law-making is tied strongly to the past. The new case has to fit into the categories and concepts that we created for a prior case - fitting cases that came up hundreds of years before, in a different society, with different technology, facing a different set of problems. So judges often end up stretching the meaning of concepts, or using legal fictions to bridge the old rule with the new equities. We may never entirely escape the tendency of our own language to mislead us, but clarity in thought and analysis is something towards which we should struggle constantly, and with determination. (shrink)

Arthur Prior (1914-69) is regarded as New Zealand's greatest 20th-century philosopher. Until World War II, Prior seriously considered a career as a religious journalist, especially when traveling and living on the Continent and in England with his first wife. During these years, Prior wrote widely on theology and contemporary Christianity. In his correspondence with Ursula Bethell and Hugh Teague, Prior discusses in detail his religious and theological thoughts, including his shift from formal theological study into a (...) world of journalism and philosophy. These previously unknown letters, which cover the years from 1936 to 1941, chronicle a substantial part of a fascinating period in Prior's development, both theologically and philosophically, and have been transcribed and annotated for this volume. (shrink)

This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and (...) made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

This book was designed primarily as a textbook; though the author hopes that it will prove to be of interests to others beside logic students. Part I of this book covers the fundamentals of the subject the propositional calculus and the theory of quantification. Part II deals with the traditional formal logic and with the developments which have taken that as their starting-point. Part III deals with modal, three-valued, and extensional systems.

This is a revised and expanded edition of a seminal work in the logic and philosophy of time, originally published in 1968. Arthur N. Prior was the founding father of temporal logic, and his book offers an excellent introduction to the fundamental questions in the field. Several important papers have been added to the original selection, as well as a comprehensive bibliography of Prior's work and an illuminating interview with his widow, Mary Prior. In addition, the Polish (...) logic which made Prior's writings difficult for many readers has been replaced by standard logical notation. This new edition will secure the classic status of the book. (shrink)

I. Causal Thesis: Dispositions have a causal basis. II. Distinctness Thesis: Dispositions are distinct from their causal basis. III. Impotence Thesis: Dispositions are not causally active.

Sufficient texts show that for aristotle the universal notion expresses the same real thing as the particular, Though in a different way. His grounds for a universal so conceived are twofold. First, In every sensible thing there is a basic formal principle that, Though individual, Brings each instance into formal identity with all the other instances. Secondly, In human intellectual cognition there is an active principle that raises knowledge above the status of photographing or registering or cataloguing, And actualizes what (...) was only potential in the real thing. In knowing sensible things universally, The human intellect is able to grasp the concrete thing as characterized by a formal nature, Thereby knowing it in a way that holds equally for all other instances. Though patently incomplete, This conception of the universal is free from internal contradictions. It provides a framework for fruitful discussion, And remains a challenge. (shrink)

Getting Emotional -- Constructing Discourse -- Telling and Remembering -- Inviting Emotional Tellings -- Eliciting Feelings -- (re)formulating Emotionality -- Managing Emotionality and Distress -- Being Negative -- Reflecting Back, Moving Forward.

The general question to which Edwards here addresses himself is "whether any event whatsoever, and volition in particular, can come to pass without a cause of its existence," and among other arguments for a negative answer he has a reductio ad absurdum, arguing that if an act of will can occur without a cause, then anything at all, no matter how fantastic, can occur without a cause. There is, he says in effect, an inner contradiction in the notion that uncaused (...) events are bound always to be acts of will. We must note, however, in following his argument through, that his language is not quite that which I have just used, and in particular he does not speak primarily of what "occurs" but rather of what "begins to be." He says. (shrink)

But Findlay's remark, like so much that has been written on the subject of time in the present century, was provoked in the first place by McTaggart's ...

The John Locke Lectures for 1955-6 delivered at the University of Oxford.

This volume brings together for the first time a collection of studies that investigates how multilingual speakers construct emotions in their talk as a joint discursive practice. The contributions draw on the well established, converging traditions of conversation analysis, discursive psychology, and membership categorization analysis together with recent work on interactional storytelling, stylization, and multimodal analysis. By adopting a discursive approach to emotion in multilingual talk, the volume breaks with the dominant view of emotions as cognitive and intra-psychological phenomena and (...) their study through self-report. Through detailed analyses of original recorded data, the chapters examine how participants produce emotion-implicative actions, identities, stances, and morality through their interactional work in ordinary face-to-face conversation, computer-mediated interaction, institutional talk in medical, educational, and broadcast media settings, and in research interviews. The volume addresses itself to students and researchers interested in language and emotion, multilingual speakers and settings, pragmatics, and discourse analysis. (shrink)