Has there already been a Grotian Moment for corruption? If not, what would it take for new legal rules and doctrines on corruption to crystallise? This article seeks to answer these two questions by reviewing the relevant history of international legal scholarship, the current public international law framework for anticorruption, and recent developments in international legal practice. We conclude that a Grotian Moment may have been reached for a narrow concept of corruption, focused on petty corruption and bribery, with the (...) proliferation of international anticorruption law following the Cold War. However, a Grotian Moment for a broadened understanding of corruption, based on other forms such as institutional, political, and grand corruption, ought to emerge to comprehensively address all forms of corruption. Given the range of challenges, including resistance from political elites and the indeterminacy of criminal liability, a Grotian Moment for a broadened concept of corruption remains improbable. (shrink)

When there is truth, there must be some thing (or things) to account for that truth: some thing(s) that couldn’t exist and the true proposition fail to be true. That is the truthmaker principle. True propositions are made true by entities in the mind-independently existing external world. The truthmaker principle seems attractive to many metaphysicians, but many have wanted to weaken it and accept not that every true proposition has a truthmaker but only that some important class of propositions require (...) truthmakers.1 Let us, following Armstrong, call the claim that all true propositions, without exception, have a truthmaker, Truthmaker Maximalism. Why might one be tempted to the spirit of truthmaker theory but reject Truthmaker Maximalism? Well, you might deny that necessary truths need truthmakers, for one, and insist that only contingent truths have truthmakers. But I think it’s fair to say that the most common motivation for rejecting maximalism concerns negative truths. The thought that negative truths are exempt from the demand for truthmakers could be justified in one of two ways: there is the claim that we don’t need truthmakers for negative truths, and there is the claim that we can’t have.. (shrink)

This paper attempts to locate, within an actualist ontology, truthmakers for modal truths: truths of the form or . In Sect. 1 I motivate the demand for substantial truthmakers for modal truths. In Sect. 21 criticise Armstrong's account of truthmakers for modal truths. In Sect. 31 examine essentialism and defend an account of what makes essentialist attributions true, but I argue that this does not solve the problem of modal truth in general. In Sect. 41 discuss, and dismiss, a theistic (...) account of the source of modal truth proposed by Alexander Pruss. In Sect. 5 I offer a means of (dis)solving the problem. (shrink)

Simon Blackburn posed a dilemma for any realist attempt to identify the source of necessity. Either the facts appealed to to ground modal truth are themselves necessary, or they are contingent. If necessary, we begin the process towards regress; but if contingent, we undermine the necessity whose source we wanted to explain. Bob Hale attempts to blunt both horns of this dilemma. In this paper I examine their respective positions and attempt to clear up some confusions on either side. I (...) come to defend Hale’s conclusion that both horns of the dilemma can be resisted. I end by defending my own account of the source of necessity, and showing why it does not fall victim to Blackburn’s problem. (shrink)

For the purposes of analytical clarity it is possible to distinguish two ways in which Nancy's ontology of sense appeals to art. First, he uses 'art' as a metaphorical operator to give features to his ontology (such as surprise and wonder); second, the practice of the contemporary arts instruct the terms of his ontological project because, in his view, this practice catches up with the fragmentation of existence and thus informs ontology about the structure of existence today. These two different (...) roles—in which 'art' is both a general category able to stage the features of sense in general and a particularly striking example of the alteration sense undergoes in our times—make available for Nancy different perspectives on the question of sense. On the one hand, the general category of 'art' allows Nancy to construct a characterology of sense around terms such as surprise and novelty; on the other, the appeal to the fractal practice of the 'contemporary arts' supports the project of giving an account of sense.This paper analyses the effects on Nancy's conception of sense of these different appeals to 'art' and the practice of 'the contemporary arts.' Are the locales from which these different perspectives on sense take shape compatible? In what ways do they inflect each other or, alternatively, undermine the perspectives of the other on the question of sense? Finally, what do these two strands tell us about what Nancy expects of 'art' and what would happen to his ontology of sense without the different appeals he makes to it? (shrink)

"The Justice of Mercy is exhilarating reading. Teeming with intelligence and insight, this study immediately establishes itself as the unequaled philosophical and legal exploration of mercy. But Linda Meyer's book reaches beyond mercy to offer reconceptualizations of justice and punishment themselves. Meyer's ambition is to rethink the failed retributivist paradigm of criminal justice and to replace it with an ideal of merciful punishment grounded in a Heideggerian insight into the gift of being-with-others. The readings of criminal law, Heideggerian and Levinasian (...) philosophy, and literature are powerful and provocative. The Justice of Mercy is a radical and rigorous exploration of both punishment and mercy as profoundly human activities." ---Roger Berkowitz, Director of the Hannah Arendt Center for Ethical and Political Thinking, Bard College "This book addresses a question both ancient and urgently timely: how to reconcile the law's call to justice with the heart's call to mercy? Linda Ross Meyer's answer is both philosophical and pragmatic, taking us from the conceptual roots of the supposed conflict between justice and mercy to concrete examples in both fiction and contemporary criminal law. Energetic, eloquent, and moving, this book's defense of mercy will resonate with philosophers, legal scholars, lawyers, and policymakers engaged with criminal justice, and anyone concerned about our current harshly punitive legal system." ---Carol Steiker, Harvard Law School "Far from being a utopian, soft and ineffectual concept, Meyer shows that mercy already operates within the law in ways that we usually do not recognize.... Meyer's piercing insights and careful analysis bring the reader to think of law, justice, and mercy itself in a new and far more profound light." ---James Martel, San Francisco State University How can granting mercy be just if it gives a criminal less punishment than he "deserves" and treats his case differently from others like it? This ancient question has become central to debates over truth and reconciliation commissions, alternative dispute resolution, and other new forms of restorative justice. The traditional response has been to marginalize mercy and to cast doubt on its ability to coexist with forms of legal justice. Flipping the relationship between justice and mercy, Linda Ross Meyer argues that our rule-bound and harsh system of punishment is deeply flawed and that mercy should be, not the crazy woman in the attic of the law, but the lady of the house. This book articulates a theory of punishment with mercy and illustrates the implications of that theory with legal examples drawn from criminal law doctrine, pardons, mercy in military justice, and fictional narratives of punishment and mercy. Linda Ross Meyer is Carmen Tortora Professor of Law at Quinnipiac University School of Law; President of the Association for the Study of Law, Culture and the Humanities; and Associate Editor of Journal of Law, Culture and the Humanities. Jacket illustration: "Lotus" by Anthony James. (shrink)

Before the advent of fibrinolytic therapy as a gold standard method of care for cases of acute ischemic stroke in Romania, issues regarding legal medicine aspects involved in this area of medical expertise were already presented and, in the majority of cases, the doctors seem to be unprepared for these situations. The present research illustrates some of the cases in which these aspects were involved, that adressed a clinical center having 6 years of professional experience in the application of fibrinolytic (...) treatment for stroke. The following cases report either situations in which the afore mentioned therapy was not rightfully administrated or legal aspects regarding the obtainment of informed consent. Obtaining informed consent is a mandatory procedure, which takes time, to the detriment of application of fibrinolytic treatment. (shrink)

This paper enlarges the analogy of meaning doctrine to show that it is a general, law-like linguistic phenomenon, and not peculiar to philosophy. The theory of forms, considered as active, repeatable, intelligible structures of things (accessible as such to intelligent beings alone), is basic to ground the sciences of nature and to an account of knowledge. Aquinas’s accounts of real natures, universals, natural and angelic things, causation, abstraction, knowledge, etc. are grounded in the theory of forms. The theory of forms (...) can be adapted to discern and even invent intelligible structures; thus we can account for real and common natures. Structures that are explanatory of the behavior of things, and are not themselves reductively explicable in terms of their own material components, are the constitutive structures of things and processes. There are real common natures of both things and processes, but ‘being common’ is the resultant of the physicalmultiplication of repeatable (because receivable) intelligible structure. Thus the commonness of a nature, like being human or being a chicken, is not antecedentto the individuals, as Plato thought, but consequent upon them. (shrink)

One of Aristotle's logic treatises, this text is published in the Oxford Classical Text series.

The emotional strength of his mother, Margaret Douglas, and close kinship bonds, to some degree, compensated Adam Smith for the loss of his father. In addition, he was well prepared at the Kirkcaldy burgh school for his student years, and found his vocation as a moral philosopher, in an era marked by a strong drive for advance in agriculture and other economic sectors. Most important of all, his Presbyterian inheritance, together with training in the Latin and Greek classics, instilled in (...) him the values of self‐command of a Stoic cast, frugality, diligence in his calling, and strict justice towards others tempered with benevolence, which characterized his actions and his teaching. At the same time, he seemed to have developed an independence of mind, which led him to rebel against the strict controls of Calvinism meant to check human depravity, and to set store by human goodness, and the will to enjoy natural liberty. (shrink)

Now let us imagine, if you please, a tiny worm living in the blood, . . . . The worm would be living in the blood as we are living in our part of the universe, and it would regard each individual particle as a whole, not a part, and it would have no idea as to how all the parts are controlled by the overall nature of the blood and compelled to mutual adaptation as the overall nature of the (...) blood requires, so as to agree with one another in a definite relation. . . .Now all the bodies of Nature can and should be conceived in the same way as we have here conceived the blood; . . . . Now since the nature of the universe, unlike the nature of the blood, is not limited, but is absolutely infinite, its parts are modified by the nature of this infinite in infinite ways and are compelled to undergo infinite variations. (Spinoza, ESL, Letter 32, 245–6). (shrink)

The fundamental faith of the metaphysicians is the faith in opposite values. . . .For one may doubt, first, whether there are any opposites at all, and secondly whether these popular valuations and opposite values on which the metaphysicians put their seal, are not perhaps merely foreground estimates, only provisional perspectives, perhaps even from some nook, perhaps from below, frog perspectives, as it were, to borrow an expression painters use. For all the value that the true, the truthful, the selfless (...) may deserve, it wouldstill be possible that a higher and more fundamental value for life might have to be ascribed to deception, selfishness, and lust. . . .Maybe! (Nietzsche, BGE, #2). (shrink)

There is a strong formal analogy between proposition-wise supervenience of collective doxastic rationality on individual doxasticrationality and supervenience of social choice functions on individual choice functions. In light of this analogy, the basis for List and Pettit’s impossibility theorems can fruitfully be compared with the basis for Arrow’s. This helps to explain why List and Pettit can derive no impossibility theorem for set-wise supervenience. However, there are empirical reasons for doubting that set-wise supervenience of collective doxastic rationality on individual doxastic (...) rationality is necessary; a systematic feedback relationship between the former and some individual behavioral dispositions is probably sufficient to dissolve mysteries about group agency. Group doxastic rationality need not supervene on individual rationality. (shrink)

The founder of early German Romantic philosophy, Friedrich Schlegel, is a pivotal figure in the history of philosophy because of the way that he establishes many of the themes by which nineteenth-century continental thought separates itself from Kant. Yet our view of his depth and originality as a thinker has often been distorted by his proximity to Hegel, who propounded a highly polemical and reductive reading of Schlegel. One of the ways in which our view of Schlegel is distorted by (...) Hegel's reading is our association of Schlegel with the stance of irony. While Schlegel considered irony as merely one of several fruitful ways to rethink the relation of the subject to the absolute, Hegel used a reductive reading of... (shrink)

ObjectivesTo compare changes in the number and amount of payments received by orthopedic and non-orthopedic surgeons from industry between 2014 and 2017.MethodsUsing the Centers for Medicare and Medicaid Services (CMS) Open Payment database from 2014 to 2017, we conducted a retrospective cohort study of industry payments to surgeons, including general payments and research payments.ResultsAmong orthopedic surgeons, the total number of general payments decreased from 248,698 in 2014 to 241,966 in 2017, but their total value increased from $97.1 million in 2014 (...) to $110.2 million in 2017. Among non-orthopedic surgeons, the total number decreased from 604,884 in 2014 to 582,490 in 2017, while the total value remained stable at approximately $159 million. Between 2014 and 2017, there was a differential increase in the median number of general payments received by non-orthopedic when compared to orthopedic surgeons (incidence rate ratio, 1.09; 95% CI, 1.08–1.09; p < 0.001), but a differential decline in the median value of general payments (− 8.9%; 95% CI, − 9.5%, − 8.4%; p < 0.001). Findings were consistent when stratified by nature of payment. In contrast, between 2014 and 2017, there was neither a differential change in the median number nor median value of research payments received by non-orthopedics.ConclusionExamination of a natural experiment of prior public disclosure of payments to orthopedic surgeons suggests that the Physician Payment Sunshine Act was associated with an increase in the number, but a decline in the value, of general payments received by non-orthopedic surgeons, but not on research payments received. (shrink)

Like much of modern scholarship, the study of social problems today is usually conducted in isolation from the truths of faith. Yet Catholics understand that the truths of science and the truths of faith are not in opposition but in harmony. This paper uses the Catholic concept of transcendent human dignity to integrate the scientific analysis of social problems with the Church’s understanding of man. This integral approach places the social scientist on a firm footing from which to identify the (...) principal social problems of our day and to clarify the appropriate solutions, which would guard the dignity of the human person and facilitate his true flourishing. (shrink)

The idea that some sub-set of the properties of an object captures what it is to be that thing i.e. that it has an essence which is there to be discovered and about which we can be mistaken - is a commonsense assumption that we use all the time. However, philosophers of this century have regarded the realism about essence with skepticism, arguing that we impose essences on things by the way we define our concepts as opposed to discovering them. (...) Essences are supposedly characteristics of our concepts rather than of objects in the world. This was the orthodox view until a group of philosophers of language developed the theory of direct reference. They claimed that proper names and certain other words refer non-connotatively which entails that the real properties of objects are crucial to the establishment of the reference of such terms. It can be shown that the properties involved in reference determination must be all and only the necessary properties of those objects. This discovery has been taken to mark the rehabilitation of the notion of essence, with an object’s essence being taken to be that set of properties which it must have in all possible worlds in which it exists. I will argue that the theory of direct reference is correct up to the point at which it assimilates the necessary properties of objects to their essences. I will show that the set of an object’s necessary properties cannot fulfill the role reserved for the concept of essence in metaphysical hypotheses concerning the nature of objects. I will go on to show that a sub-set of a thing’s necessary properties can fulfill this role and I will suggest that we identify the members of this sub-set by testing their ability to furnish the kinds of explanations we expect from essences. I will demonstrate how this can be done using the Aristotelian idea that the notion of essence is required in order to explain how it is that objects can persist through change. (shrink)

Physical pain has no voice, but when it at last finds a voice, it begins to tell a story, and the story that it tells is about the inseparability of these three subjects, their embeddedness in one another. (Scarry, BP, 3).

A clinical scenario is described where an anaesthetist is concerned about the seemingly high risk/benefit ratio relating to laparoscopic versus standard inguinal hernia operations. Some options for further action by the anaesthetist are introduced. The remainder of the paper explores the question of who can legitimately assess the acceptability of risk/benefit ratios, and defends the use of practice guidelines at the expense of so called clinical freedom. It is argued that respect for persons is not breached by limiting the treatment (...) options offered to patients to those therapies which have a ‘reasonable’ risk/benefit ratio. This ‘reasonableness’ is context dependent, and should be properly decided by those with expertise in the field. (shrink)

Smith understood that as a professor he was required to publish his work and help administer his University. While his reputation for absent‐mindedness grew, his Glasgow colleagues benefited from his sound practical bent and entrusted him with a wide range of university management issues. As for publishing, he began by contributing to the two numbers of the first Edinburgh Review: commenting on Johnson's Dictionary in 1755; and in 1756, on d’Alembert's Encyclopédie, also on Rousseau's Discourse on Inequality, whose argument about (...) self‐love as an economic driving force he took up in TMS and WN. Following the publication of TMS in 1759, Smith concentrated more on political economy, also began work on the long process of the composition of WN, adding to his system lessons learned from a banking crisis in Scotland as his professorship came to an end in 1764. (shrink)

Memory is, therefore, neither perception nor conception, but a state or affection of one of these, conditioned by lapse of time. As already observed, there is no such thing as memory of the present while present; for the present is object only of perception, and the future, of expectation, but the object of memory is the past. All memory, therefore, implies a time elapsed; consequently only those animals which perceive time remember, and the organ whereby they perceive time is also (...) that whereby they remember. (Aristotle, OM, 449b24–30). (shrink)