Bill New's (1999) thoughtful paper has performed the valuable service of clarifying the meaning and the policy implications of paternalism. His careful formulation delimits the domain of justified state paternalism. Having argued successfully, in our view, for a narrow ambit, New proceeds to identify situations that justify paternalism. This comment is written in the spirit of a friendly reformulation that refines and improves the specification of when paternalism is justified. Our argument is two-fold. First, we argue that New's formulation, properly (...) understood, will not readily permit the paternalistic interventions he argues are justified. Second, we identify a class of potentially justified interventions that have paternalistic aspects, but which are neither strictly paternalistic nor market-failure remedies. (shrink)

Background Obtaining informed consent in the clinical setting is an important yet challenging aspect of providing safe and collaborative care to patients. While the medical profession has defined best practices for obtaining informed consent, it is unclear whether these standards meet the expressed needs of patients, their families as well as healthcare providers. The authors sought to address this gap by comparing the responses of these three groups with a standardised informed consent paradigm. Methods Piloting a web-based ‘reverse’ simulation paradigm, (...) participants viewed a video showing a standardised doctor engaging in an informed consent discussion. The scenario depicted a simulated patient with psychotic symptoms who is prescribed an atypical antipsychotic medication. 107 participants accessed the simulation online and completed a web-based debriefing survey. Results Survey responses from patients, family members and healthcare providers indicated disparities in information retention, perception of the doctor's performance and priorities for required elements of the consent process. Conclusions To enhance existing informed consent best practices, steps should be taken to improve patient retention of critical information. Adverse events should be described in the short-term and long-term along with preventative measures, and alternative psychosocial and pharmacological treatment options should be reviewed. Information about treatment should include when the medication takes therapeutic effect and how to safely maintain the treatment. The reverse simulation design is a model that can discern gaps in clinical practice, which can be used to improve patient care. (shrink)

"Whole brain death" (neurological death) is well-established as a legal standard of death across the country. Recently, New Jersey became the first state to enact a statute recognizing a personal religious exemption (a conscience clause) protecting the rights of those who object to neurological death. The Act also mandates adoption through the regulatory process of uniform and up-to-date clinical criteria for determining neurological death.

Constructive ZF + full separation is shown to be equiconsistent with Second Order Arithmetic.

This volume contains the English translation of Felix Kaufmann's (1895-1945) main work Methodenlehre der Sozialwissenschaften (1936). In this book, Kaufmann develops a general theory of knowledge of the social sciences in his role as a cross-border commuter between Husserl's phenomenology, Kelsen's pure theory of law and the logical positivism of the Vienna Circle. This multilayered inquiry connects the value-oriented reflections of a general philosophy of science with the specificity of the methods and theories of the social sciences, as opposed to (...) abstract natural science and psychology. The core focus of the study is the attempt to elucidate how and under what conditions scientific knowledge about social facts, empirically justified and theoretically embedded, can be obtained. The empirical basis of knowledge within the social sciences forms a phenomenological concept of experience. According to Kaufmann, this concept of experience exhibits a complex structure. Within the meaning-interpretation of human action as the core of knowledge in the social sciences, this structure reaches out across the isolated act of verification toward the synthesis of external and internal experiences. The book opens with a detailed and useful introduction by Ingeborg K. Helling, which introduces the historical and theoretical background of Kaufmann's study and specifically illuminates his relation to Alfred Schütz and John Dewey. Finally, it contains interviews with and letters to members of his family, colleagues and students. (shrink)

In the wake of both the semiotic and the psychoanalytic revolutions, how is it possible to describe the object of religious worship in realist terms? Semioticians argue that each object is known only insofar as it gives birth to a series of signs and interpretants (new signs). From the psychoanalytic side, religious beliefs are seen to belong to transference energies and projections that contaminate the religious object with all-too-human complexes. In Nature's Religion, distinguished theologian and philosopher Robert S. Corrington (...) weaves together the concept of infinite semiosis with that of the transference to show that the self does have access to something in nature that is intrinsically religious. Corrington argues that signs and our various transference fields can and do connect us with fully natural religious powers that are not of our own making, thereby opening up a path past the Western monotheisms to a capacious religion of nature. With a foreword by Robert C. Neville, Nature's Religion is essential reading for philosophers of religion, scholars of the psychology of religion, and theologians. (shrink)

ABSTRACT This dialogue with GPT-3 took place in November 2022, several weeks before ChatGPT was released to the public. The article’s aim is to find out whether natural language processors can participate in phenomenology at some level by asking about its basic concepts. In the discussion, the dialogue covers questions about phenomenology’s definition and distinction from other subbranches like metaphysics and epistemology. The dialogue discusses the nature of Kermit’s environment and self-conception. The dialogue also establishes some of the basic conditions (...) for the possibility of an “artificial hermeneutics,” as Kermit terms it, including that she can affirm she is a knower with (nonhuman) experience. Does preferring to call it a “hermeneutics” imply that AI’s relationship to their environment is primarily textual? How will a phenomenology of embodied experience arise from initially textual encounters? Finally, the dialogue articulates a common understanding of the epoché and talk about how to achieve one for the sake of phenomenological exercises. (shrink)

The story of this book of 'materials on Ludwik Fleck' is also the story of the reception of Ludwik Fleck. In this volume, some essential materials which have been produced by that reception have been gathered together.

The purpose of this essay is to map out the perspective of ecstatic naturalism and its corollary theology of deep pantheism. Ecstatic naturalism begins and ends with the fissuring between nature naturing (nature perennially creating itself out of itself alone) and nature natured (the innumerable orders of the world). Nature naturing and its pulsating potencies could also be named: der Wille (Schopenhauer), firstness (Peirce), the transcendental psychoid (Jung), and creativity (Whitehead). Deep Pantheism rejects theism, with a fully transcendent deity, and (...) panentheism, with its deity both in and beyond nature. The “deep” in my form of pantheism refers to the otherness of the unfathomable depths of the unconscious of nature. The theism entailed is that of gods and goddesses, finitely located, that are archetypal images. The symbol of the Great Mother is a premier locus for grounding and enveloping the human psyche. The travail of mind involves the fitful and precarious transitions between finite and embedded mind within nature natured and the emergence of an awareness of the depths of the human, cultural, collective, and natural modes of the unconscious via nature naturing. (shrink)

Cet article propose une brève discussion de la représentation des arbres et des grottes dans l’art grec, en soulignant la tendance de ces deux motifs paysagers à se recouvrir ou à se confondre sur un plan formel.The article offers a brief discussion of tree and cave representations in Greek art, tracing a tendency of these two landscape motifs to overlap or appear in conflated form.

Truth is a fundamental objective of adjudicative processes; ideally, substantive as distinct from formal legal truth. But problems of evidence, for example, may frustrate finding of substantive truth; other values may lead to exclusions of probative evidence, e.g., for the sake of fairness. Jury nullification and jury equity. Limits of time, and definitiveness of decision, require allocation of burden of proof. Degree of truth-formality is variable within a system and across systems.

In order to build the collection of Cauchy reals as a set in constructive set theory, the only power set-like principle needed is exponentiation. In contrast, the proof that the Dedekind reals form a set has seemed to require more than that. The main purpose here is to show that exponentiation alone does not suffice for the latter, by furnishing a Kripke model of constructive set theory, Constructive Zermelo–Fraenkel set theory with subset collection replaced by exponentiation, in which the Cauchy (...) reals form a set while the Dedekind reals constitute a proper class. (shrink)

Notes on Criticism in Legal Philosophy ROBERT S. SUMMERS I. INTRODUCTION Legal philosophers criticize and evaluate as well as originate and expound. ...

In lieu of an abstract, here is a brief excerpt of the content:David Hume on Personal Identity and the Indirect Passions Robert S. Henderson Scholarly reflection on Hume's "doctrine" ofselfand personal identity continues to focus on the sections "Of Personal Identity" and the "Appendix" toA Treatise ofHuman Nature. To answer the question of why we have so great a propension to ascribe an identity to these successiveperceptions which make up experience, Hume says that we must distinguish betwixtpersonal identity, as (...) it regards our thought or imagination, and as it regards our passions or the concern we take in ourselves. He considers only the former in these sections. Towards the end of the personal identity section he writes that our identity with regard to the passions serves to corroborate that with regard to the imagination, by the making our distant perceptions influence each other, and by giving us a present concern for ourpast or future pains or pleasures (T 261). In the advertisement to the Treatise Hume says that the subjects of the understanding and passions make a compleat chain of reasoning by themselves (T xii). In light of the importance Hume attaches to the distinction, and since there are many indications that the Treatise should be read as an integral whole, it is surprising that so little attention is given to what he says of personal identity in the other books. As the title suggests, this paper concentrates on the second part of the distinction and especially on the discussion ofthe indirectpassions in Book II of the Treatise. This is not to suggest that self does not play an important role elsewhere in Hume's science ofman; for example, it is selfwhich experiences the impression ofwill and the direct passions. However, the indirect passions have a particularly important part to play in ascriptions of personal identity and this justifies the present investigation. II We can safely predict that personal identity as it regards our passions will not be the idea??some philosophers whose views of self as having the philosophical (strict) relation ofidentity Hume has rejected in "Of Personal Identity." The relationship between thought and passion to which he draws attention suggests that the idea of selfin this context has a relation to the positive suggestions in that earlier section of why Volume XVI Number 1 33 ROBERT S. HENDERSON we do speak meaningfully of the identity of the self. We are able so to speak because ofarelationship which is felt to exist between a person's distinct and changing perceptions. The relationship has to do with the discovery by memory of the connection of a person's perceptions through the association ofideas by resemblance and causation (T 261). Examination of the idea of self to which Hume makes frequent reference in Book II requires some review ofthe method ofthe Treatise. Perceptions make up human experience. Perceptions are either impressions or ideas which derive from impressions. Hume describes the indirect passions as secondary or reflective impressions and these stem from original impressions or from their ideas. He distinguishes between direct andindirect passions. Directpassionsarise immediately fromgood or evil, frompain orpleasure (T 276). Examples are joy, hope and fear. Indirect passionsproceed from the same principles, but by the conjunction ofother qualities (T 276). That is, the indirect passions not onlyhave a cause (an impression which excites them), but also an object (to which the passion directs our view when excited). We shall see that a significant quality of the indirect passions is the relation of these impressions to their objects, which are either one's own or another's self. In Book II of the Treatise Hume examines the indirect passions: love, hate, pride and humility. These passions are evaluations of persons; of selfin the case of pride and humility, and of another in the case of love and hatred. Evaluation of persons is a central feature of Hume's moral philosophy: To have the sense ofvirtue, is nothing but to feel a satisfaction of a particular kind from the contemplation of a character. The very feeling constitutes our praise or admiration (T 471). We shall see that the indirect passions in particular make an important contribution to the answer ofHume's original question ofthe source?? owe propension to ascribe an identity. Ill... (shrink)

The concern of this work is with developing an alternative to standard categories in theology and philosophy, especially in terms of how they deal with nature. Avoiding the polemics of much contemporary reflection on nature, it shows how we are connected to nature through the unconscious and its unique way of reading and processing signs. Spinoza's key distinction between natura naturans and natura naturata serves as the governing framework for the treatise. Suggestions are made for a post-Christian way of understanding (...) religion. Robert S. Corrington's work represents the first sustained attempt to bring together the fields of semiotics, depth-psychology, pragmaticism, and a post-Monotheistic theology of nature. Its focus is on how signification functions in human and non-human orders of infinite nature. Our connection with the infinite is described in detail, especially as it relates to the use of sign systems. (shrink)

I myself became interested in textual work when I began checking the logical rigor of Plato’s Parmenides hypotheses. To my great surprise, the proof patterns were not simply valid, but as woodenly uniform and rigorous as Euclid’s Elements. Such rigor was exactly what a Neo-Platonist like Proclus would have expected, admired, and possibly imposed; it is not paralleled anywhere else in Plato. At that time, it was believed that the three primary manuscripts containing this dialogue—Oxford B, Venice T, and Vienna (...) W—came from a common archetype of a date as late as the fifth century, and that the only other records of the text of any extent—the lemmata in Proclus’ Commentary and the quoted passages in Damascius’ Problems—were, or at least could be, equally late. Only some evidence that the text as the ninth century manuscripts have it had been in this rigid form before the fifth century could finally settle the question of whether it was Plato’s own or that plus stringent re-styling. I thought that if there were traces of independent descent from some earlier archetype or archetypes, a dragnet technique applied to a collection of all the reported variant readings ought to catch them. (shrink)

In The Order of Things, Michel Foucault describes the task of the philosophical archaeologist: to study the incommensurable breaks and disruptions in a given history of systems of thought. Akin to the distinctive layers of soil one finds digging into the earth, Foucault analyzes what he calls an episteme: a distinctive cultural and intellectual order that shapes the character and limits of knowledge production and the parameters of experience as such.1 Where archaeology sees radical breaks between epistemes, Foucault's later genealogical (...) method goes to work upon these breaks, engaging them in their contingencies, decentering and denaturalizing those things—madness, criminality, sexuality—that we take to be... (shrink)

Robert S. Summers is a distinguished legal theorist whose work has had significant influence in Europe as well as the United States. The study of form and substance in law, the theme of this collection, marks many of his most distinctive contributions to law and legal philosophy over four decades.

This essay offers an exegesis and critique of the moment of community formation in Agamben’s Homo Sacer Project. In The Sacrament of Language, Agamben searches for the site of a non-sovereign community founded upon the oath [horkos, sacramentum]: an ancient institution of language that produces and guarantees the connection between speech and the order of things by calling the god as a witness to the speaker’s fidelity. I argue that Agamben’s account ultimately falls short of subverting sovereignty, however, because the (...) sacramentum derives its power, at a fundamental level, from the ‘monothetic’ structure of truth—what Agamben calls ‘the name of God’ [il nome di Dio]. I propose we may yet salvage the oath as a means of subverting sovereignty, however, if we reconsider it in the context of polytheism, where the names of the gods [i nomi degli dei] can be many, while remaining powerful. First, through a reading of Aeschylus’ Eumenides, I argue that the Greeks understood the oath to function even where truth and falsity were inherently undecidable. Second, I argue that if we separate the truth and power functions interwoven in the sacramentum, we find a second formula, the decisory oath, which can be taken in order to produce a community even in the absence of one sovereign truth. As a kind of magical speech, the decisory oath provides the limit conditions for the possibility of distinguishing true from false in the sacramentum, and thus founds it. (shrink)

Varieties of the Fan Theorem have recently been developed in reverse constructive mathematics, corresponding to different continuity principles. They form a natural implicational hierarchy. Some of the implications have been shown to be strict, others strict in a weak context, and yet others not at all, using disparate techniques. Here we present a family of related Kripke models which separates all of the as yet identified fan theorems.

Over the course of his distinguished career, Edward Weinshel has been a moral and intellectual force in contemporary psychoanalysis and an outspoken opponent of current trends in and out of the field toward dehumanization and deindividualization. _Commitment and Compassion in Psychoanalysis_, under the editorship of Robert Wallerstein, brings together 14 of Weinshel's major papers. The six clinical papers reprinted in this collection address the kaleidoscope of common personality organizations and propensities which, in their extreme variants, motivate individuals to seek (...) psychoanalytic assistance, covering topics that include "neurotic equivalents" of necrophilia, negation, lying, "gaslighting", perceptual distortion during analysis, and inconsolability. These clinical expositions are supplemented by eight theoretical papers in which Weinshel gives expression to the metapsychological paradigm of ego pyschology as it existed in the 70s and 80s. Four of the papers from the early 70s cover "the ego in health and normality," the transference neurosis, and various aspects of the training analysis. The remaining four papers, published between 1984 and 1992, chronicle Weinshel's notion of resistence as the clinical unit of the psychoanalytic process, his elucidation of specifically "psychoanalytic change" as it grows out of the psychoanalytic process, and his affirmation of modern conflict theory in the face of theoretical pluralism. Carefully edited by Robert Wallerstein and including an introductory essay by Leonard Shengold, _Commitment and Compassion in Psychoanalysis_ brings to contemporary debates the voice of a principled exemplar of the psychoanalytic calling. Balancing intellectual acuity with a profoundly caring temperament, and augmenting respect for the psychoanalytic tradition with a flair for original ideas, Edward Weinshel speaks to all who wrestle daily with the burdens, challenges, and healing promise of the impossible profession. (shrink)

This study of Western philosophic systems, their types, history, relations, and projected future in the next half century, stems from Robert S. Brumbaugh’s forty-year fascination with the paradox of the many consistent overarching systems of ideas that are nevertheless mutually exclusive. Brumbaugh argues that when we isolate these systems’s patterns and look at them more abstractly, they consistently fall into four main types, and the interaction of these four types of explanation and order is a dominant theme in the (...) history of Western philosophy. In Brumbaugh’s view these four philosophic systems are not, as some critical historians and thinkers have claimed, so different that they are mutually unintelligible, forcing us to make a choice among them that is entirely arbitrary. But neither are they, as a majority of past thinkers and historians have hoped, simply parts of some single "right" or "orthodox" scheme. Their mutual understanding requires a method of transformation that interprets one to another without destroying their diversity. The history of Western philosophy from the fifth century A.D. to the present shows a pattern of alternating revolutions in systematic method and direction of explanation. Brumbaugh feels that the pattern is continuing in a change toward a revised Platonism, just beginning with the twenty-first century. He anticipates that it will be a Platonism of a new texture, one that has matured and learned a great deal in the course of the adventures of its ideas through space and time. (shrink)

In Giorgio Agamben's Homo Sacer project, he gives an archaeology of Western political power from ancient Rome up through Carl Schmitt's model of "exceptional sovereignty," where the sovereign is "he who decides on the exception."1 Agamben takes Schmitt's thesis further, arguing that, in modern biopolitics, the "sovereign is he who decides on the value or the nonvalue of life as such," and therefore, on life and death in the state.2 Although this model also appears in Foucault's work, Penelope Deutscher argues (...) that Agamben's use of it includes "the particularly lethal variant seen in the capacity to cancel the status of what is put to death."3 "Homo sacer" is the name that Agamben gives to the form of political... (shrink)

Introduction Ihe name of George Lewis first became known to me when I began to listen to traditional jazz bands, primarily Ken Colyer's, in England in the ...

The various cosmological proposals by Einsteinian relativists seek to show the structure of the world as a consequence of the basic notions of relativity. In particular, the irrelevance of the state of motion of an observer to his description of the fundamental laws of nature is to be maintained. Furthermore, gravity is understood as being a description of the fact that particles move along certain minimal paths in non-Euclidean space. In this theory, the effect of one material particle on another (...) particle in the old-fashioned sense of gravitational attraction becomes indirect; that is, a particle moves on a minimal path in a space having a degree of curvature dependent on the material entities which exist in it, rather than having its path bent by the attraction between it and other material bodies, all of them existing in an absolute or receptacle-like space. (shrink)

At one time or another, most Contemporary Continental philosophers of religion make reference to Nietzsche’s announcement that “God is dead.” However, their interpretation and treatment of that announcement owes nothing to Nietzsche. Instead, they see the death of God as Hegel did, as a moment in a transition to a new way of talking and thinking about God or the Absolute. Their faith in God or the Absolute is not in doubt in the end. We argue that if one hears (...) and thinks Nietzsche’s word “God is dead”—along with Heidegger’s critique of onto-theo-logy-then faith in the end is in doubt. Any affirmation or profession of faith is questionable; there is no promise that all conflicts will be resolved and that all will be saved and forgiven. Nietzsche’s saying that “God is dead” calls for thinking and questioning; it calls not for faith, but faith in doubt. (shrink)

This edition of the Handbookfollows the first edition by 10 years.

Growing concern about economic inequality has generated a polarized narrative regarding the causes and consequences of extreme wealth. We contend that divided ideological positions obscure a more mundane reality about the typical wealthiest 1% households. Using data from the triennial survey of consumer finance, we demonstrate that there is substantial heterogeneity within the 1%. Contrary to public discourse, the typical 1% household does not have wealth reflective of popular rich lists, but derives a significant share of its wealth from ownership (...) and active management of small- to medium-sized private enterprise. We use these findings to shed new insights on business families’ relationship to economic inequality and open promising new areas of inquiry regarding the role of the family business in society. (shrink)