A partire dal commento ad una sentenza sul problema della discriminazione razziale in una scuola privata, Cover presenta una teoria del pluralismo normativo fondata sulla distinzione fra autorità e significato. A tale dicotomia è dovuta la “proliferazione” dei mondi normativi e delle interpretazioni costituzionali. L’autore descrive i processi di formazione dei significati giuridici – la cosiddetta “giusgenesi” – ed offre una teoria della giurisdizione adatta ad un universo giuridico connotato da un radicale pluralismo. Così facendo, Cover intende mettere in (...) class='Hi'>luce il potenziale trasformativo del diritto e in particolare del costituzionalismo. (shrink)

Le arti liberali -- La luce -- Le linee, gli angoli e le figure -- L'arcobaleno -- Lettera a Adamo di Exeter su Dio -- Forma di tutte le cose e sugli angeli -- La potenza e l'atto -- Le cause -- L'emmanzione della cose da Dio -- La verità -- La verità della proposizione -- La conoscenza divina -- Il libero arbitrio.

It has been demonstrated that death certificates do not accurately record the actual cause of death in up to one-fourth of cases, as determined from subsequent autopsy findings. The purpose of this study was to explore the use of natural language autopsy data bases as an automated quality assurance mechanism. We translated the account of the major process leading to death, or the primary diagnosis, from all 45,564 narrative autopsy reports obtained at The Johns Hopkins Hospital between May 28, 1889, (...) and June 30, 1987, into the hierarchical system of Medical Subject Heading (MeSH) titles. We obtained a total of 125,772 MeSH title translations, 1,563 of them distinct (average 2.8 per case), ranging in frequency from 6,029 occurrences of LUNG to 1 occurrence apiece of 357 MeSH titles. The natural-language-to-MeSH translations showed expected trends over the past century: fewer infectious diseases; more cardiovascular and neoplastic disease among adults; and more respiratory diseases and congenital malformations in the pediatric age group. The greater availability of autopsy documents in electronic form should increase the value of this resource for quality assurance. (shrink)

Complicity consists in one person contributing to someone else's wrongdoing. But there is a diverse cluster ways of being involved in another’s wrongdoing. For a ‘diagnosis by exclusion’, we first fix the meaning of complicity in contrast to that with which it is often wrongly conflated. Literally cooperating in wrongdoing with others, for instance, is more than complicity. Each and every cooperator is actually a co-principal in the wrong jointly committed; and each bears the full responsibility, shared with all co-principals, (...) for the outcomes of that wrongdoing. Other sorts of involvement with wrongs committed by others amount to less than complicity because the involvement there is causally inert and hence does not actually contribute to the other’s wrongdoing at all. Pardoning wrongs wholly in the past may be like that. So too may be some cases of wilfully overlooking wrongs that others commit under one's very nose. Complicity is a very precise way of being involved in wrongdoing. Complicity consists in a secondary contribution of a causal (or potentially causal) sort to a wrong committed by someone else. That ‘contribution factor’ can be graded on many axes, in terms of how proximate, reversible or frequent the contribution was. Other things being equal, one is more complicit the …. (shrink)

Bryan Norton's convergence hypothesis, which predicts that nonan‐thropocentric and human‐based philosophical positions will actually converge on long‐sighted, multi‐value environmental policy, has drawn a number of criticisms from within environmental philosophy. In particular, nonanthropocentric theorists like J. Baird Callicott and Laura Westra have rejected the accuracy of Norton's thesis, refusing to believe that his model's contextual appeals to a plurality of human and environmental values will be able adequately to provide for the protection of ecological integrity. These theoretical criticisms of convergence, (...) however, have made no real attempt to engage the empirical validity of the hypothesis, the dimension that Norton clearly takes to be the centerpiece of his project. Accordingly, the present paper attempts to provide an empirical analysis of the convergence argument, by means of a study of the Vermont public's environmental commitments and their attitudes toward national forest policy. Our findings support a generalized version of Norton's thesis, and lead us to suggest that environmental philosophers should try to be more inclusive and empirically minded in their discussions about public moral claims regarding nature. (shrink)

Este artigo compara e contrapõe a abordagem naturalista pragmatista para a peculiaridade da linguagem, exemplificada, principalmente, mas, não exclusivamente, por John Dewey, com a extensa abordagem de Charles Taylor em seu O animal linguístico. Taylor, inspirado pelas obras de Hamann, Herder, e Humboldt, conta com recursos filosóficos e conceituais diferentes para o delineamento do que ele denomina de ‘a forma’ da capacidade linguística humana. Porém, Dewey e Taylor chegam a posições que se sobrepõem sem se identificar: a linguagem é a (...) característica definidora constitutiva dos seres humanos. Seres humanos são definidos pelo surgimento da ‘como’ consciência, uma ‘ruptura’ em nossa imersão imediata no mundo, e, como Peirce e Dewey mostraram de maneira tão lúcida, um reflexivo estar consciente do uso de signos e sistemas de signos de todos os tipos. Esses sistemas potencializam e transformam nosso acesso ao mundo e a nós mesmos. Eles não apenas rotulam um mudo já existente. Eles criam âmbitos de significados e valores que não surgiram sem eles. A distinção crucial de Taylor entre os modelos designativo e constitutivo da linguagem é apoiada plenamente pela consideração pragmatista da linguagem, a qual Taylor não declara. Essa distinção mostrará ser de importância especial para Dewey e Taylor na criação de paisagens existencialmente vitais de significado incorporados nas autodescrições e nas práticas delicadas das artes de auto-reflexão. Tanto Dewey quanto Taylor mostram que assim como as texturas abertas da experiência crescem por suas extremidades, assim a própria linguagem possui sua própria “extremidade” e nos aponta para os domínios “liminares” que sustentam o limiar do sentido para além do totalmente dizível. Esses domínios, que eles mostram de maneiras diferentes mas complementares, são acessados como realidades por formas não discursivas que abrangem as obras de arte, o que Taylor denomina de ‘representações,’ e rituais performativos e restaurativos, tanto pessoais, cívicos e religiosos que incorporam os significados. Dewey e Taylor, divergem, entretanto, sobre se e de que maneira estes domínios precisam transcender a natureza. (shrink)

Misunderstandings of Hegel have several roots: one is the intrinsic difficulty of his highly technical and interrelated conceptual sets, another is ideological opponents who consequently take statements out of context, and a third is following those of high stature who pass on the misunderstandings. Typical misunderstandings concern freedom and necessity, slavery, that status of the individual, God and the State, facts measuring up to concepts, the relation of rationality and actuality, the status of passion, and, above all, the nature of (...) absolute knowing. Resituating these notions within the whole of the System shows the one-sidedness of typical misunderstandings and opens the way toward appropriation. (shrink)

Utilitarianism, the great reforming philosophy of the nineteenth century, has today acquired the reputation for being a crassly calculating, impersonal philosophy unfit to serve as a guide to moral conduct. Yet what may disqualify utilitarianism as a personal philosophy makes it an eminently suitable guide for public officials in the pursuit of their professional responsibilities. Robert E. Goodin, a philosopher with many books on political theory, public policy and applied ethics to his credit, defends utilitarianism against its critics and (...) shows how it can be applied most effectively over a wide range of public policies. In discussions of such issues as paternalism, social welfare policy, international ethics, nuclear armaments, and international responses to the environment crisis, he demonstrates what a flexible tool his brand of utilitarianism can be in confronting the dilemmas of public policy in the real world. (shrink)

In this strikingly original book, one of the leading scholars in the field focuses on the influential idea of deliberative democracy. Goodin examines the great challenge of how to implement the deliberative ideal among millions of people at once and comes up with a novel solution: 'democratic deliberation within'.

THE fifteenth edition of the Encyclopaedia Britannica is another of the projects undertaken by philosophers Robert M. Hutchins and Mortimer Adler. Hutchins chaired the Board of Editors, while Adler served as director of planning. This latest edition has the distinction of being the largest single private publishing venture in history, involving a thirty-two million dollar investment, over fifteen years of effort, and many thousands of consultants and contributors. This essay will attempt to assess philosophy’s share in so massive an (...) undertaking. (shrink)

"Among the foremost Catholic philosophers of his generation. He has utilized the fullness of the Catholic intellectual tradition to brilliantly take the measure of modern philosophical thought... This volume is an expression of Robert Wood's singular philosophical outlook." -Jude Dougherty, dean emeritus, school of philosophy, The Catholic University of America.

This essay outlines an explanatory virtue of presentism: its unique ability amongst temporal metaphysics to deliver a partial explanation of the conservational character of natural laws. That explanation relies on presentism, uniquely amongst temporal metaphysics, being able to support an endurantist account of persistence. In particular, after reconsidering a former argument for endurantism entailing presentism by Merricks (Noûs 33:421-438, 1999), a new argument for this entailment, is expounded. Before delivering the explanation of the conservational character of natural laws, a brief (...) account of that explanandum is given, followed by an elaboration of the wider significance of an explanation for the conservational character for natural laws, particularly for the dispositional essentialist project of nomic reductionism, and explaining the non-simultaneity of causation. (shrink)

An example is given of a complete theory with minimal models of arbitrarily large minimality rank.

STS represents a significant reform effort in science/technology education in grades kindergarten through the undergraduate collegiate years. It focuses on use of constructivism as a way of learning and a broader view of science, and as a way of assessing learning for real understanding. Basic to STS is teaching and the assessment of learning in multiple domains, namely, concepts, processes, the application of both to new situations, the nature and history of science, creativity skills, and attitude. When education occurs in (...) STS classrooms, students grow significantly in all domains and more so than in traditional classrooms. (shrink)

This paper elaborates the problem of temporal unity for dynamic presentism and diagnoses the source of that problem in the dynamic presentist’s discarding the traditional C-series in its avoidance of McTaggart’s (1908, 1927) A-series paradox. This C-series provided the fixed structure of time which the transitory aspects of time then followed, and thereby unify those transitory aspects. It then considers ersatzer presentism as an ostensible solution to the problem of temporal unity by providing a new abstract C-series (namely an ersatz-B-series) (...) for dynamic presentism. However, after a closer examination of the details of this proposal, it is found that the ersatz-B-series itself needs to be temporally variable to capture the transitory aspects of time that it is meant to track. Consequently, it cannot provide the fixed structure of time required to unify the transitory aspects of time into a temporal series. It is therefore suggested that dynamic presentists look for a more course-grained determiner of temporal progression to construct the presentist-friendly C-series required to unify their transitory aspects of time. (shrink)

Central to Paul K. Feyerabend's philosophy of science are two theses: (1) there is no standard observation language available to science; instead, observability is to be viewed as a pragmatic matter; and (2) when considering questions of empirical significance and experimental test, the methodological unit of science is a set of inconsistent theories. I argue that the pragmatic theory of observation by itself decides neither for nor against any particular specification of meaning for an observation language; and that Feyerabend's position (...) provides no decision procedure when two contending theories share no terms having the same meaning, and thus cannot be said to be logically incompatible. Also, Feyerabend's insistence upon falsification will force him to admit that there are relatively permanent facts available to all theories, or to abandon the idea of test as falsification and to conclude that scientific theories can only be accepted or rejected on the basis of non-evidential considerations. (shrink)

Many in science are disposed not to take biosemiotics seriously, dismissing it as too anthropomorphic. Furthermore, biosemiotic apologetics are cast in top-down fashion, thereby adding to widespread skepticism. An effective response might be to approach biosemiotics from the bottom up, but the foundational assumptions that support Enlightenment science make that avenue impossible. Considerations from ecosystem studies reveal, however, that those conventional assumptions, although once possessing great utilitarian value, have come to impede deeper understanding of living systems because they implicitly depict (...) the evolution of the universe backward. Ecological dynamics suggests instead a smaller set of countervailing postulates that allows evolution to play forward and sets the stage for tripartite causalities, signs, and interpreters—the key elements of biosemiosis—to emerge naturally out of the interaction of chance with configurations of autocatalytic processes. Biosemiosis thereby appears as a fully legitimate outgrowth of the new metaphysic and shows promise for becoming the supervenient focus of a deeper perspective on the phenomenon of life. (shrink)

Informal justice often is castigated as rough justice, procedurally unauthorized and substantively unrationalized and prone to error. Yet those same features are present, to some extent, in formal justice as well: they do not form the basis for any sharp categorical contrast between formal and informal justice. Furthermore, some roughness in justice may be no bad thing. Certain of those elements of roughness in formal justice are inextricably bound up with other features of formal justice that are rightly deemed morally (...) important. And rough informal justice can sometimes be used to change formal justice in more just directions. (shrink)

This is the second of two chapters on preference democracy. It points out that theories of liberal democracy necessarily require systematic responsiveness to popular wishes, in ways that make them fundamentally ‘preference‐respecting’, but that there are many different kinds of preferences and correspondingly many different ways of respecting them. Different models of democracy are better at providing certain sorts of respect for certain sorts of preferences than others, and which model of democracy liberal democrats want to adopt therefore depends on (...) which sorts of preferences they want to accord which sort of respect. The central claim of this chapter is that the author's preferred model of ‘democratic deliberation within’ is preference‐respecting in the right way, and that it therefore deserves a key role in any larger system of democratic accountability. The different sections of the chapter are: Respecting Preferences, Not Just Recording Them; Permissible Paternalism; Assessing Alternative Models of Preference‐Respecting Democracy; The Virtues of Sporadic Assessments: Preference‐Respecting Arguments for Indirect Democracy; and Combining ‘Democratic Deliberation Within’ and Trustee‐style Representative Democracy. (shrink)

Contrary to argument that unique hues are undemonstrated, the World Color Survey shows that speakers of more than 100 minor and tribal languages focus color categories predominantly on 4 of the 40 hue columns of the ethnographic Munsell array. The pattern is not conditioned by saturation levels or other arbitrary structures among the color chips, nor is Western influence likely to be the cause. Moreover, all evidence suggests that color cognition is autonomous despite the connotations and polysemies of color terms.

The VIA Classification of Character Strengths and Virtue has received substantial attention since its inception as a model of 24 dimensions of positive human functioning, but less so as a potential contributor to a psychological science on the nature of virtue. The current paper presents an overview of how this classification could serve to advance the science of virtue. Specifically, we summarize previous research on the dimensional versus categorical characterization of virtue, and on the identification of cardinal virtues. We give (...) particular attention to the three-dimensional model of cardinal virtues that includes moral, self-regulatory, and intellectual domains. We also discuss the possibility that these three clusters be treated as fundamental elements of a virtue model, meaning that they clearly and directly contribute to both individual and communal flourishing across various cultures. This discussion includes a summary of previous speculations about the evolution of adaptations underlying the human capacity for using behavioral repertoires associated with the three virtues, as well as discussing ways in which they simultaneously enhance community and individual, in the last case focusing particularly on evidence concerning mating potential. We then discuss the relationship between the evolutionary perspective on virtues and Aristotle’s concept of the reciprocity of the virtues. Finally, we provide speculations about the nature of practical wisdom. While accepting the potential value of future revisions to the VIA model, that model even under its current conditions has the potential to generate a number of intriguing and testable hypotheses about the nature of virtue. (shrink)

With their remarkable electoral successes, Green parties worldwide seized the political imagination of friends and foes alike. Mainstream politicians busily disparage them and imitate them in turn. This new book shows that 'greens' deserve to be taken more seriously than that. This is the first full-length philosophical discussion of the green political programme. Goodin shows that green public policy proposals are unified by a single, coherent moral vision - a 'green theory of value' - that is largely independent of the (...) `green theory of agency' dictating green political mechanisms, strategies and tactics on the one hand, and personal lifestyle recommendations on the other. The upshot is that we demand that politicians implement green public policies, and implement them completely, without committing ourselves to the other often more eccentric aspects of green doctrine that threaten to alienate so many potential supporters. (shrink)