This article utilises Luhmann's functional analysis to investigate the role played by legal argumentation within the legal system. Luhmann's sociological observations on this subject suggest an alternative to jurisprudential approaches that understand legal arguments and consequent decisions in terms of the relative strengths of the justifications offered in their support. His account examines the role played by legal argumentation in allowing the legal system to evolve in response to society's increasing complexity. The concepts he employs to analyse this evolutionary capacity (...) of law, developed from their origins in information theory, are redundancy and variety. Beginning with the work of Dworkin the article opens up Luhmann's analysis to consider how legal argumentation operates both as a grounded form of communication, capable of identifying weak or unsustainable interpretations of legal texts, and a mechanism for evolving law in the direction of increasing complexity. (shrink)

Time is central to Luhmann’s writings on social systems. Social systems, as systems of meaning, operate within three dimensions: factual, social and temporal. Each of these dimensions entails selections of actualities from potentialities (or contingencies) within horizons. Whilst the factual dimension involves selections based on distinguishing ‘this’ from ‘something else’, and the social distinguishes between alter and ego (asking with respect to any meaning whether another experiences it as I do), the temporal dimension operates with the primary distinction of before (...) and after. In the temporal dimension, everything is ‘ordered only according to the when and not to the who/what/where/how of experience and action’ (Luhmann in Social systems. Stanford University Press, Stanford, 1995, p. 78). In this paper, we explore the connection between the temporal dimension of meaning within the legal system and its connection to justice. We begin by setting out succinctly the role played by justice within the legal system, as presented by Luhmann, particularly in his book Law as a social system (2004). From this beginning, we move on to consider the relationship between law, justice and time, taking two examples. The first is the temporality of judicial decisions. The second concerns the relationship between the temporal meaning of law’s own operations, and the presumption of innocence. (shrink)

DBS Think Tank IX was held on August 25–27, 2021 in Orlando FL with US based participants largely in person and overseas participants joining by video conferencing technology. The DBS Think Tank was founded in 2012 and provides an open platform where clinicians, engineers and researchers can freely discuss current and emerging deep brain stimulation technologies as well as the logistical and ethical issues facing the field. The consensus among the DBS Think Tank IX speakers was that DBS expanded in (...) its scope and has been applied to multiple brain disorders in an effort to modulate neural circuitry. After collectively sharing our experiences, it was estimated that globally more than 230,000 DBS devices have been implanted for neurological and neuropsychiatric disorders. As such, this year’s meeting was focused on advances in the following areas: neuromodulation in Europe, Asia and Australia; cutting-edge technologies, neuroethics, interventional psychiatry, adaptive DBS, neuromodulation for pain, network neuromodulation for epilepsy and neuromodulation for traumatic brain injury. (shrink)

Jewish tradition has a long-standing commitment to justice, equity and compassion toward society's most vulnerable members, including its working-class. It has produced a substantial literature describing appropriate practice in business relations and the ethics of the marketplace. Less well-known, however, are its prescriptions for employee productivity and accountability. These elements are considered here within the context of contemporary organization, and with particular application to the school of quality management associated with W. Edwards Demings.This paper is an expanded version of the (...) Herbert H. Schiff Lecture in Management and Administration, delivered at Yeshiva University, July 8, 1992. It is dedicated to the memory of my beloved mother, Mrs. Chana Schnall. (shrink)

Here the philosopher and physicist David Z Albert argues, among other things, that the difference between past and future can be understood as a mechanical phenomenon of nature and that quantum mechanics makes it impossible to present the entirety of what can be said about the world as a narrative of “befores” and “afters.”.

Presents a guide to the basics of quantum mechanics and measurement.

We discuss two recent attempts two solve Schrodinger's cat paradox. One is the modal interpretation developed by Kochen, Healey, Dieks, and van Fraassen. It allows for an observable which pertains to a system to possess a value even when the system is not in an eigenstate of that observable. The other is a recent theory of the collapse of the wave function due to Ghirardi, Rimini, and Weber. It posits a dynamics which has the effect of collapsing the state of (...) macroscopic systems. We argue that the modal interpretation cannot account for non-accurate measurements and that both accounts have the consequence that in ordinary measurement situations the observables that ends up well defined are not quite the ones that we want to be well defined. (shrink)

The model of clinical ethics consultation (CEC) defended in the ASBH Core Competencies report has gained significant traction among scholars and healthcare providers. On this model, the aim of CEC is to facilitate deliberative reflection and thereby resolve conflicts and clarify value uncertainty by invoking and pursuing a process of consensus building. It is central to the model that the facilitated consensus falls within a range of allowable options, defined by societal values: prevailing legal requirements, widely endorsed organizational policies, and (...) professional standards of practice and codes of conduct. Moreover, the model stipulates that ethics consultants must refrain from giving substantive recommendations regarding how parties to a moral disagreement in the clinic should evaluate their options. We argue that this model of CEC is incomplete, because it wrongly assumes that what counts as the proper set of allowable options among which the parties are to deliberate will itself always be clearly discernible. We illustrate this problem with a recent case on which one of us consulted—a neonate born with trisomy 18 (T18). We try to show that law, policy, and standards of practice reveal no clear answer to the question posed by the case: namely, whether forgoing gastrostomy tube feedings for a baby with T18 is allowable. We suggest there may be other kinds of cases in which it may simply be unsettled whether a given choice falls within the set of allowable options within which consensus is to be facilitated. What should an ethicist do when confronting such unsettled cases? We agree with the facilitation model that an ethicist should remain neutral among the allowable options, when it is clear what the allowable options are. But, in unsettled cases, the role of a consultant should be expanded to include a process of moral inquiry into what the allowable options should be. We end by raising the issue of whether this means an ethicist should share his or her own conclusions or views about the allowability of a given clinical option. (shrink)

It has been acknowledged that education includes ‘a love of what one teaches and a love of those whom one teaches’ (Hogan 2010: 81), but two traditions of writing in philosophy of education—concerning love for student and love for subject—have rarely been brought together. This paper considers the extent to which the ‘triangular’ relationship of teacher, student and subject matter runs the risk of the rivalry, jealousy and strife that are characteristic of ‘tragic’ love triangles, or entails undesirable consequences such (...) as transference from one intended object of love to another. It argues that this faultline in the literature of educational love corresponds to education's ‘divided heart’. The implication of this exploration of education's triangular relationship is that we cannot ignore the ‘dark of love’, nor can we address it simply by asserting that educational love must be of a more honourable sort than romantic love. These tensions can be reconciled through the loving recourse of ‘ceasing to strive’ and the possibility of sublimating the two originary loves into a higher ‘love of truth’. (shrink)

"An admirable accomplishment.... Roberts provides valuable insights into the current debate on the nature of historical knowledge in our present 'postmodern' time. Anyone concerned with the philosophy of history will need to reckon with this book."--Allan D. Megill, author of "Prophets of Extremity".

Volume 19, Issue 11, November 2019, Page 67-68.

Michael Hand argues that at least some moral standards can be robustly justified and that because of this educators can legitimately cultivate subscription to t.

The thesis that all learning has the character of enquiry is advanced and its implications are explored. R. G. Collingwood's account of ‘the logical priority of the question’ is explained and Hans-Georg Gadamer's hermeneutical justification and development, particularly the rejection of the re-enactment thesis, is discussed. Educators are encouraged to consider the following implications of the character of the question implied in all learning: (i) that it is a question that is constituted in the event rather than prepared or given (...) in advance, and that this leads to a necessary tension between learning and the curriculum or scheme, (ii) that it is a question that concerns some subject matter or issue that is at stake for both the student and the object of study, which draws our attention to the ‘intentionality’ of learning, and (iii) that it is a question that operates on the level of being—students are ‘called into question’, and thus transformed, by the object of study. (shrink)

As scientific discoveries and technological advances continue to modify our perceptions of reality at an unprecedented rate, the traditional frameworks for understanding and organizing our experience of truth and Knowledge have become less and less adequate. David Rich comes to grips with this problem in his innovative study, which shows how both knowledge and truth are conditioned by experience and explores the dynamics of creativity that generate knowledge.

Near the beginning of the last chapter of Life's Dominion, Ronald Dworkin expounds the following problem. Margo has Alzheimer's disease. She suffers from ‘serious and permanent dementia’. It transpires that some years ago, at a time when she was mentally fully competent, Margo executed an advance directive. In this formal document she expressed her wishes concerning what should happen to her if she were to develop Alzheimer's. Should those wishes now be acceded to? For instance, suppose that in her document (...) Margo directed that she should not receive treatment for any life-threatening illness she might contract. Should a doctor therefore now refrain from such treatment? What if, more than this, Margo indicated in her will that after the definitive onset of Alzheimer's ‘she should be killed as soon and as painlessly as possible’? Could it possibly be right to grant that request? (shrink)

Modern humans spend much of their time deploying a very rarefied form of intelligence, manipulating abstract symbols while their muscled body is mostly inert. Other animals, in a constant and largely unmediated relation with their earthly surroundings, think with the whole of their bodies. This kind of distributed sentience, this intelligence in the limbs, is especially keen in the case of birds of flight. Unlike most creatures of the ground, who must traverse an opaque surface of only two-plus dimensions as (...) we make our way through the world, a soaring bird continually adjusts minute muscles in its wings to navigate an omnidimensional plenum of currents and interference patterns that alter from moment to moment. Flight itself may usefully be considered as a kind of thinking—as a sort of gliding within the mind. Moreover, since birds are commonly the most mobile inhabitants of any woodland, able to fly over and scan numerous events occurring on the ground, their varied utterances provide a crucial source of information for many other animals. This paper, written as a philosophic essay, explores avian cognition from a phenomenological standpoint. It then reflects upon the vocalizations of birds—noting the major role that such avian calls, cries, and songs have played in the development of human culture. (shrink)

In the most radical rereading of the opening chapters of Genesis since the Zohar, David Kishik reveals the post-secular and post-human implications of an ancient text that is part of our cultural DNA.

David Finkel’s opening paragraph in the book’s prologue grabs your attention and sets the tone for the rest of the ride:You could see it in his nervous eyes. You could see it in his shaking hands....

Respuesta al comentario de Íñigo Ongay al debate sobre El animal divino.

Courant de pensée fréquemment assimilé à l'idéologie ultralibérale des startuppers et des magnats de la Silicon Valley, le transhumanisme fait depuis quelques années l'objet d'une franche controverse des deux côtés de l'Atlantique. Mais comme souvent, l'inflation d'une polémique sur la scène publique politise les débats et renforce les oppositions, au détriment du souci de la nuance, de la diversité des lectures et des angles d’analyse possibles d’un phénomène complexe. Car le transhumanisme est bien un phénomène complexe, irréductible à l’épouvantail de (...) paille que ses innombrables pompiers pyromanes en proposent, ou à l’image, bien souvent idéalisée, que ses promoteurs en dépeignent. Qu’il s’agisse – ou pas – de " l’idée la plus dangereuse du monde " (Francis Fukuyama), le présent ouvrage introduit de façon critique, pluridisciplinaire et multi-perspectives à la pluralité des voix, des acteurs, des questions, des idées et des visions qui font aujourd’hui scintiller ce courant de pensée. A n’en pas douter, le plus grand mérite du transhumanisme est de mettre ses critiques au défi de lui trouver des alternatives et de reprendre à nouveaux frais les questions les plus fondamentales qui nous hantent depuis l’aube de l’humanité : la vie, l’amour, la mort, la destinée humaine. L’ouvrage intéressera un public cultivé et lecteur. De portée philosophique, il est cependant accessible et conçu pour des non spécialistes. Il constituera notamment une ressource incontournable pour tout enseignement sur la thématique abordée. Cet ouvrage est le fruit du travail conduit, en collaboration avec l'Université de Namur, par la chaire Ethique, technologie et transhumanismes de l’Université catholique de Lille. A travers un séminaire annuel, l’organisation de nombreuses journées d’études et de deux colloques internationaux sur le sujet, la chaire s’est imposée comme la principale source d’expertise reconnue non seulement dans l’espace francophone mais aussi à l’échelle internationale. (shrink)

'There is nothing either good or bad, but thinking makes it so.'l But if things considered in themselves are neither good nor bad, if there is no realm of value existing independently of animate beings and their activities, then thought is not the activity that summons value into being. Hume reminds us, 'Reason is, and ought only to be the slave of the passions', and while Hume's dictum has been widely disputed, we shall defend it.2 Desire, not thought, and volition, (...) not 'cognition, are the springs of good and evil. (shrink)