This collection of essays, published to coincide with Tony Honore's sixty-fifth birthday, focuses on the areas where Honore's thought has made the most significant contribution: Roman law and jurisprudence. Included are essays by P.S. Atiyah, Zenon Bankowski, John Bell, Peter Birks, John W. Cairs, Hugh Collins, David Daube, W. M. Gordon, J. W. Harris Nicola Lacey, A. D. E. Lewis, Detlef Liebs, G. D. MacCormack, Neil MacCormick, G. Maher, Pieter Norr, Alan Rodger, and Peter Stein.

Research involving human subjects is much more stringently regulated than many other nonresearch activities that appear to be at least as risky. A number of prominent figures now argue that research is overregulated. We argue that the reasons typically offered to justify the present system of research regulation fail to show that research should be subject to more stringent regulation than other equally risky activities. However, there are three often overlooked reasons for thinking that research should be treated as a (...) special case. First, research typically involves the imposition of risk on people who do not benefit from this risk imposition. Second, research depends on public trust. Third, the complexity of the moral decision making required favors ethics committees as a regulative solution for research. (shrink)

Examines Frege's theory of judgement, according to which a judgement is, paradigmatically, the assertion that a particular object falls under a given concept. Throughout the book the aim is to both state Frege's views clearly and concisely, and to defend, modify or reject these where appropriate.

Is liberal democracy a universal ideal? Proponents of "Asian values" argue that it is a distinctive product of the Western experience and that Western powers shouldn't try to push human rights and democracy onto Asian states. Liberal democrats in the West typically counter by questioning the motives of Asian critics, arguing that Asian leaders are merely trying to rationalize human-rights violations and authoritarian rule. In this book--written as a dialogue between an American democrat named Demo and three East Asian critics--Daniel (...) A. Bell attempts to chart a middle ground between the extremes of the international debate on human rights and democracy.Bell criticizes the use of "Asian values" to justify oppression, but also draws on East Asian cultural traditions and contributions by contemporary intellectuals in East Asia to identify some powerful challenges to Western-style liberal democracy. In the first part of the book, Bell makes use of colorful stories and examples to show that there is a need to take into account East Asian perspectives on human rights and democracy. The second part--a fictitious dialogue between Demo and Asian senior statesman Lee Kuan Yew--examines the pros and cons of implementing Western-style democracy in Singapore. The third part of the book is an argument for an as-yet-unrealized Confucian political institution that justifiably differs from Western-style liberal democracy.This is a thought-provoking defense of distinctively East Asian challenges to Western-style liberal democracy that will stimulate interest and debate among students of political theory, Asian studies, and international human rights. (shrink)

In this paper (a sequel to [4]) I put forward a "local" interpretation of mathematical concepts based on notions derived from category theory. The fundamental idea is to abandon the unique absolute universe of sets central to the orthodox set-theoretic account of the foundations of mathematics, replacing it by a plurality of local mathematical frameworks - elementary toposes - defined in category-theoretic terms.

Abstract:Vulnerability is an important criterion to assess the ethical justification of the inclusion of participants in research trials. Currently, vulnerability is often understood as an attribute inherent to a participant by nature of a diagnosed condition. Accordingly, a common ethical concern relates to the participant’s decisionmaking capacity and ability to provide free and informed consent. We propose an expanded view of vulnerability that moves beyond a focus on consent and the intrinsic attributes of participants. We offer specific suggestions for how (...) relational aspects and the dynamic features of vulnerability could be more fully captured in current discussions and research practices. (shrink)

A natural view is that linguistic understanding is a source of justification or evidence: that beliefs about the meaning of a text or speech act are prima facie justified when based on states of understanding. Neglect of this view is largely due to the widely held assumption that understanding a text or speech act consists in knowledge or belief. It is argued that this assumption rests, in part, on confusing occurrent states of understanding and dispositions to understand. It is then (...) argued that occurrent states of understanding are not states of belief of knowledge since a subject may fail to believe that a text or speech act means what she understands it to mean if she doubts the reliability or truth- fulness of that understanding. States of understanding, it is maintained, belong in the same epistemic category as states of perception and memory. (shrink)

climate are both linked to an organization's ability to retain healthcare professionals and increase their level of job satisfaction, leaders have a corollary responsibility to address moral distress. We recommend that leaders should provide access to ethics education and resources, offer interventions such as ethics debriefings, establish ethics committees, and/or hire a bioethicist to develop ethics capacity and to assist with addressing healthcare provider moral distress....

The usual meaning of the word continuous is “unbroken” or “uninterrupted”: thus a continuous entity —a continuum—has no “gaps.” We commonly suppose that space and time are continuous, and certain philosophers have maintained that all natural processes occur continuously: witness, for example, Leibniz's famous apothegm natura non facit saltus—“nature makes no jump.” In mathematics the word is used in the same general sense, but has had to be furnished with increasingly precise definitions. So, for instance, in the later 18th century (...) continuity of a function was taken to mean that infinitesimal changes in the value of the argument induced infinitesimal changes in the value of the function. With the abandonment of infinitesimals in the 19th century this definition came to be replaced by one employing the more precise concept of limit. (shrink)

Developments in neuroscience have raised the possibility that pharmaceuticals may be used to enhance memory, mood, and attention in people who do not have an illness or disorder, a practice known as “cognitive enhancement.” We describe historical experiences with two medicinal drugs for which similar enhancement claims were made, cocaine in the late 19th and early 20th centuries, and amphetamines in the mid 20th century. These drugs were initially introduced as medicinal agents in Europe and North America before becoming more (...) widely used for a variety of purposes, including what would nowadays be considered cognitive enhancement. Their trajectory of use conformed to the typical use cycle of psychotropic drugs. There was an initial steep rise in prescribing for medical use, followed by expanded nonmedical use that was fueled by enthusiasm for the drugs’ effects. As the number of regular users increased, problems related to use (such as addiction) became apparent, societal concern increased, and laws were passed banning nonmedical use and eventually, medical use. This historical experience draws attention to the adverse side effects of enhancement use that only become apparent with regular, wide-scale use of a drug. We highlight the similarities between the enthusiasms for cocaine and amphetamines and the current enthusiasms for using prescription stimulants for cognitive enhancement. We argue bioethicists should not encourage the cognitive enhancement use of drugs such as methylphenidate in the absence of evidence on the efficacy and safety of their use for cognitive enhancement purposes. (shrink)

Reading feminist theory as a complex imaginative achievement, Feminist Imagination considers feminist commitment through the interrogation of its philosophical, political and affective connections with the past, and especially with the `race' trials of the twentieth century. The book looks at: the 'directionlessness' of contemporary feminist thought; the question of essentialism and embodiment; the racial tensions in the work of Simone de Beauvoir; the totalitarian character in Hannah Arendt; the 'mimetic Jew' and the concept of mimesis in the work of Judith (...) Butler. Vikki Bell provides a compelling rethinking of feminist theory as bound up with attempts to understand oppression outside a focus on 'women'. She affirms feminism as a site and mode of making these connections. What emerges is a profound work brimming with insight that will be required reading for anyone who is seriously interested in feminist theory and, more generally, contemporary social theory. (shrink)

The dissertation's primary task is to discern to what extent the investigations contained in Aristotle's Metaphysics conform to the model of science developed in the Posterior Analytics. It concludes that the Metaphysics substantially follows the model of the Analytics in studying the causes and attributes of a specific nature, although it makes significant departures especially in its conception of the principles of being and substance. ;Two introductory chapters discuss respectively Aristotle's conception of science in the Analytics and the problems one (...) is likely to face in attempting to apply this conception to the Metaphysics . Chapter 3 clarifies the meaning of the phrase "science of being qua being" by reference to the Posterior Analytics, and introduces the concept of pro&d13;v 3&d3;n equivocity. Chapter 4 considers the role of dialectic in metaphysics with particular reference to the principle of noncontradiction. Chapter 5 argues that the second part of Meta. 4.2 introduces a demonstrative science of the per se attributes of being and unity. ;Chapter 6 introduces the investigation into the principles and causes of being and reviews the aporias about the principles . Chapter 7 offers a hypothesis to explain Aristotle's identification of the science of being with first philosophy. The last two chapters argue that Aristotle is pursuing this investigation in the central books of Melaphysics, but his pursuit of the investigation there is incomplete. ;This interpretation provides an alternative to those of T. H. Irwin and Walter Leszl, who argue that metaphysics is a second-order discipline and not a science after the model of the Analytics. It finds explicit support in recent work by Robert Bolton and Alan Code, while widening the range of issues to include the attributes of being and the importance of first philosophy for understanding the nature of being. It supports many of the conclusions of Joseph Owens's, Urbain Dhondt's, and Frede and Patzig's work on the object of metaphysics. There are also substantial discussions of the contributions of G. E. L. Owen, J. G. Stevenson, Theodore Scaltsas, and John Thorp. (shrink)

To approach philosophy as a way of working on the self means to begin not with the experience it clarifies and the subject it discovers, but with the acts of self‐transformation it requires and the subjectivity it seeks to fashion. Commenting on the variety of spiritual exercises to be found in the ancient schools, Pierre Hadot remarks that: Some, like Plutarch’s ethismoi, designed to curb curiosity, anger or gossip, were only practices intended to ensure good moral habits. Others, particularly the (...) meditations of the Platonic tradition, demanded a high degree of mental concentration. Some, like the contemplation of nature as practiced in all philosophical schools, turned the soul toward the cosmos, while still others—rare and exceptional—led to a transfiguration of the personality, as in the experiences of Plotinus. We also saw that the emotional tone and notional content of these exercises varied widely from one philosophical school to another: from the mobilization of energy and consent to destiny of the Stoics, to the relaxation and detachment of the Epicureans, to the mental concentration and renunciation of the sensible world among the Platonists.1 While successfully applied to ancient philosophy,2 this approach has not been widely exploited in the history of philosophy more broadly. There is, however, at least one study of medieval metaphysics in these terms,3 and there are some important discussions of early modern Stoicism and Epicureanism.4 And a recent study of Hume shows the fruitfulness of the approach for Enlightenment philosophy.5 It is all the more surprising then that there seems to have been no serious attempt to approach Kant’s moral philosophy in this way. (shrink)

The concept of professionalism is embedded into all aspects of nursing education and practice yet is rarely critically interrogated in nursing scholarship. This paper describes how professionalism in nursing is based on whiteness. When actualized, this oppressive construct homogenizes individuals' identities to assist nurses in building and wielding power against each other and against patients, and results in dehumanization and disconnection. Foregrounding an ethic of authenticity as a practice of resistance against white professionalism offers an alternative possibility for how nursing (...) could be taught, practiced and theorized. As such a practice must begin with oneself, the authors outline a reflexive process from which to begin this work. (shrink)

Melancholia is a commonly experienced feeling, and one with a long and fascinating medical history which can be charted back to antiquity. Avoiding the simplistic binary opposition of constructivism and hard realism, this book argues that melancholia was a culture-bound syndrome which thrived in the West because of the structure of Western medicine since the Ancient Greeks, and because of the West's fascination with self-consciousness. While melancholia cannot be equated with modern depression, Matthew Bell argues that concepts from recent (...) depression research can shed light on melancholia. Within a broad historical panorama, Bell focuses on ancient medical writing, especially the little-known but pivotal Rufus of Ephesus, and on the medicine and culture of early modern Europe. Separate chapters are dedicated to issues of gender and cultural difference, and the final chapter offers a survey of melancholia in the arts, explaining the prominence of melancholia - especially in literature. (shrink)

In this brief paper I intend to make some distinctions between the activities that research ethics committees are required to undertake as part of their role in protecting research participants. These functions are, identifying ethical issues and risks within research projects, providing advice on how to resolve these issues and risks without compromising the validity of the research and finally, when this cannot be achieved, deciding whether the research should still be allowed to go ahead. Distinguishing these distinct functions allows (...) us to determine what an appropriate membership of a Research Ethics Committee is. I will sketch out the implications of these functions for the appropriate membership of NHS and university based ethics committees in the UK. (shrink)

This paper is concerned with Wittgenstein's early doctrine of the independence of elementary propositions. Using the notion of a free generator for a logical calculus–a concept we claim was anticipated by Wittgenstein–we show precisely why certain difficulties associated with his doctrine cannot be overcome. We then show that Russell's version of logical atomism–with independent particulars instead of elementary propositions–avoids the same difficulties.

Sensitivity to the extra-linguistic context, as exhibited by indexical and demonstrative expressions, and sensitivity to the linguistic context, as exhibited by, for example, anaphoric uses of third person pronouns, are regularly regarded as different and independent phenomena. The data on indexicals, demonstratives, and third person pronouns, however, call for a more unified notion of context and of context sensitivity. This paper aims to develop such a unified picture by generalizing the notion of anaphora to encompass extra-linguistic context dependency and generalizing (...) the notion of a structured discourse context so that contexts contain antecedents for expressions that refer to entities in the extra-linguistic context. (shrink)

Despite an abundance of research on inter-organizational trust, researchers are only beginning to understand the process of trust deterioration as an inter-organizational phenomenon. This paper presents a case study examining the deteriorating relationship between two international high-tech firms. We surveyed respondents from the supplier firm to identify major elements that reduced the supplier's trust in its customer, using the dimensions of trust identified by Mayer et al. (1995). While violations of ability, integrity, and benevolence all contributed to trust reduction, early (...) violations of trustee benevolence contributed importantly to trust deterioration. Over time, the relationship became "sensitive," and respondents reported many incidents of trust violation. Managers reported primarily integrity- and benevolence-related incidents, while no pattern emerged among operations personnel. We examine the results in light of Hosmer's (1995) ethically-based trust principles. The supplier and customer would likely differ in their opinion of whether the customer was acting "ethically." This suggests that scholars need to examine how many principles can be violated before trust is eliminated, and whether any of the principles are particularly salient in business relationships. (shrink)

As scholars integrate empirical approaches to ethical questions in healthcare, relational autonomy theory must inform research design and change practice. Qualitative approaches are well suited to issues where patient values play a central role, and they can be combined with relational autonomy theory to investigate the factors influencing autonomy-rich experiences. This paper draws upon my experience conducting bioethics research related to clinical trial decision-making to develop a systematic method for applying relational autonomy as a theoretical lens to qualitative health research. (...) The resultant practical guide utilizes Susan Sherwin’s theory of relational autonomy and presents an empirical method responsive to autonomy-relevant questions. (shrink)

Interviews Professor Wang, a political philosopher at Beijing University about the political reforms in China. Explanation on a democratic political system with Chinese characteristics; Confucian tradition of respect for a ruling intellectual elite; Relevance of Confucian scholar Huang Zongxi's proposal for reform.

Henry et al. (2007) claim they are concerned with the overmedicalization of bad memories and its subsequent exploitation by the pharmaceutical industry. However, they downplay the contributing role...

Consider the following well-known result from the theory of normed linear spaces ([2], p. 80, 4(b)): (g) the unit ball of the (continuous) dual of a normed linear space over the reals has an extreme point. The standard proof of (~) uses the axiom of choice (AG); thus the implication AC~(w) can be proved in set theory. In this paper we show that this implication can be reversed, so that (*) is actually eq7I2valent to the axiom of choice. From this (...) we derive various corollaries, for example: the conjunction of the Boolean prime ideal theorem and the Krein-Milman theorem implies the axiom of choice, and the Krein-Milman theorem is not derivable from the Boolean prime ideal theorem. (shrink)

Most philosophers have given up George Berkeley’s proof for the existence of God as a lost cause, for in it, Berkeley seems to conclude more than he actually shows. I defend the proof by showing that its conclusion is not the thesis that an infinite and perfect God exists, but rather the much weaker thesis that a very powerful God exists and that this God’s agency is pervasive in nature. This interpretation, I argue, is consistent with the texts. It is (...) also an important component of Berkeley’s philosophical project, which consists of launching many small arguments against his philosophical and theological opponents. (shrink)

In this Article we explore the evolution of property law and examine the applicability of the prevailing accounts according to which property institutions oscillate between the extreme points of open access and private property. We show that the evolution of property is a much more nuanced process, shaped by the interplay of the following three dimensions: number of owners, extent of dominion and asset configuration. Accordingly, property institutions can assume a myriad of positions along the aforementioned dimensions in response to (...) the constant change in exclusion and management costs. We demonstrate our theory by discussing examples of three dimensional adjustments of real, personal and intellectual property. (shrink)

Thrift and Thriving in America is a collection of groundbreaking essays on the significance of thrift throughout American history.