What is the difference between a gambler and a speculator? Is there a readily identifiable line separating the two? If so, is it possible for us to discourage the former while encouraging the latter? These difficult questions cut across the entirety of American economic history, and theperiodic failures by regulators to differentiate between irresponsible gambling and clear-headed investing have often been the proximate causes of catastrophic economic downturns. Most recently, the blurring of speculation and gambling in U.S. real estate markets (...) fueled the 2008 global financialcrisis, but it is one in a long line of similar economic disasters going back to the nation's founding. In Speculation, author Stuart Banner provides a sweeping and story-rich history of how the murky lines separating investment, speculation, and outright gambling have shaped America from the 1790s to the present. Regulators and courts always struggled to draw a line between investment and gambling,and it is no easier now than it was two centuries ago. Advocates for risky investments have long argued that risk-taking is what defines America. Critics counter that unregulated speculation results in bubbles that always draw in the least informed investors-gamblers, essentially. Financial chaos isthe result. The debate has been a perennial feature of American history, with the pattern repeating before and after every financial downturn since the 1790s. The Panic of 1837, the speculative boom of the roaring twenties, and the real estate bubble of the early 2000s are all emblematic of thedifficulty in differentiating sober from reckless speculation. Even after the recent financial crisis, the debate continues. Some, chastened by the crash, argue that we need to prohibit certain risky transactions, but others respond by citing the benefits of loosely governed markets and the dangersof over-regulation. These episodes have generated deep ambivalence, yet Americans' faith in investment and - by extension - the stock market has always rebounded quickly after even the most savage downturns. Indeed, the speculator on the make is a central figure in the folklore of Americancapitalism. Engaging and accessible, Speculation synthesizes a suite of themes that sit at the heart of American history - the ability of courts and regulators to protect ordinary Americans from the ravages of capitalism; the periodic fallibility of the American economy; and - not least - the moral conundruminherent in valuing those who produce goods over those who speculate, and yet enjoying the fruits of speculation. Banner's history is not only invaluable for understanding the fault lines beneath the American economy today, but American identity itself. (shrink)

Before the late 19th century, natural law played an important role in the American legal system. Lawyers routinely used it in their arguments and judges often relied upon it in their opinions. Today, by contrast, natural law plays virtually no role in the legal system. When natural law was part of a lawyer's toolkit, lawyers thought of judges as finders of the law, but when natural law dropped out of the legal system, lawyers began thinking of judges as makers of (...) the law instead. The Decline of Natural Law explores the causes and consequences of this change. It discusses the ways in which lawyers used natural law and why the concept seemed reasonable to them. It examines several long-term trends in legal thought that weakened the position of natural law, including the use of written constitutions, the gradual separation of the spheres of law and religion, the rapid growth of legal publishing, and the position of natural law in some of the 19th century's most contested legal issues. It describes the profession's rejection of natural law in the late 19th and early 20th centuries. And it explores the ways in which the legal system responded to the absence of natural law. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Literature 25.1 (2001) 46-58 [Access article in PDF] In Defense of Trimming Eugene Goodheart I In The Education of Henry Adams, Adams disparages a class of English politicians as "trimmers." They are "the political economist, the anti-slavery and doctrinaire class, the followers of Tocqueville, and of John Stuart Mill. As a class, they were timid--and with good reason--and timidity, which is high wisdom in philosophy, sicklies (...) the whole cast of thought in action." 1 Timidity in action, but high wisdom in philosophy. Adams's ambivalent characterization is, relatively speaking, kind to the trimmer, for in the prevailing view he has a reputation for cowardice, lack of integrity, unprincipled behavior. Dante did not know the word, but the "neutrals" (in Sinclair's translation) whom the poet consigns to limbo have been retroactively called trimmers. Virgil regards them as beneath contempt: "Let us not talk of them; but look thou and pass." Sinclair explains why: "These innumerable seekers of safety first, and last, who take no risk either of suffering in a good cause or of scandal in a bad one, are here manifestly, nakedly, that which they were in life, the waste and rubbish of the universe, of no account to the world, unfit for Heaven and barely admitted to Hell. They have no need to die, for they 'never were alive'. They follow still, as they have always done, a meaningless, shifting banner that never stands for anything because it never stands at all, a cause which is no cause but the changing magnet of the day. Their pains are paltry and their tears and blood mere food for worms." 2The dictionary defines trimming as the "modif[ication] of one's attitude in order to stand well with opposite parties; also to accommodate oneself to the mood of the times," and gives 1685 as the date of provenance. By the late nineteenth century trimming becomes opportunism: [End Page 46] "to modify according to expediency." So it was something of a surprise to find a defense of trimming in Macaulay's famous History of England in his eulogy of one of Charles the Second's ministers, Viscount Halifax (Charles Savile). "Halifax," we learn, "was a trimmer on principle. He was also a trimmer by the constitution of his head and his heart." Macaulay sums up Halifax's defense in his essay "The Character of a Trimmer." "Everything good, he said, trims between extremes. The temperate zone trims between the climate in which men are roasted and the climate in which they are frozen. The English Church trims between the Anabaptist madness and the Papist lethargy. The English constitution trims between Turkish despotism and Polish anarchy. Virtue is nothing but a just temper between propensities any one of which, if indulged to excess, becomes vice." Behind trimming lies Aristotle's golden mean.What of the character of the trimmer? Macaulay provides an admirable and admiring portrait of Halifax. "His understanding was keen, sceptical, inexhaustibly fertile in distinctions and objections; his taste refined, his sense of the ludicrous exquisite; his temper placid and forgiving, but fastidious, and by no means prone either to malevolence or to enthusiastic admiration." Charming and agreeable, but where is the integrity or courage, attributes that we associate with character? He had nothing in common with those who fly from extreme to extreme, and regard the party which they have deserted with an animosity far exceeding that of consistent enemies. His place was on the debatable ground between the hostile divisions of the community.... The party to which he at any moment belonged was the party which, at that moment, he liked least, because it was the party of which at that moment he had the nearest view. He was therefore always severe upon his violent associates, and was always in friendly relations with his moderate opponents. Every faction in the day of its insolent and vindictive triumph incurred his censure; and every faction, when vanquished and persecuted, found in him a protector. To his lasting honor it must be mentioned that he attempted to save those victims whose fate... (shrink)

Imagination is necessary for scientific practice, yet there are no in vivo sociological studies on the ways that imagination is taught, thought of, or evaluated by scientists. This article begins to remedy this by presenting the results of a qualitative study performed on two systems biology laboratories. I found that the more advanced a participant was in their scientific career, the more they valued imagination. Further, positive attitudes toward imagination were primarily due to the perceived role of imagination in problem-solving. (...) But not all problem-solving episodes involved clear appeals to imagination, only maximally specific problems did. This pattern is explained by the presence of an implicit norm governing imagination use in the two labs: only use imagination on maximally specific problems, and only when all other available methods have failed. This norm was confirmed by the participants, and I argue that it has epistemological reasons in its favour. I also found that its strength varies inversely with career stage, such that more advanced scientists do (and should) occasionally bring their imaginations to bear on more general problems. A story about scientific pedagogy explains the trend away from (and back to) imagination over the course of a scientific career. Finally, some positive recommendations are given for a more imagination-friendly scientific pedagogy. (shrink)

Fetal pain has long been a contentious issue, in large part because fetal pain is often cited as a reason to restrict access to termination of pregnancy or abortion. We have divergent views regarding the morality of abortion, but have come together to address the evidence for fetal pain. Most reports on the possibility of fetal pain have focused on developmental neuroscience. Reports often suggest that the cortex and intact thalamocortical tracts are necessary for pain experience. Given that the cortex (...) only becomes functional and the tracts only develop after 24 weeks, many reports rule out fetal pain until the final trimester. Here, more recent evidence calling into question the necessity of the cortex for pain and demonstrating functional thalamic connectivity into the subplate is used to argue that the neuroscience cannot definitively rule out fetal pain before 24 weeks. We consider the possibility that the mere experience of pain, without the capacity for self reflection, is morally significant. We believe that fetal pain does not have to be equivalent to a mature adult human experience to matter morally, and so fetal pain might be considered as part of a humane approach to abortion. (shrink)

In this work drawn from lectures delivered in 1994 a founding figure of cultural studies reflects on the divisive, deadly consequences of our politics of identification. Stuart Hall untangles the power relations that permeate race, ethnicity, and nationhood and shows how oppressed groups broke apart old hierarchies of difference in Western culture.

John D. Norton is responsible for a number of influential views in contemporary philosophy of science. This paper will discuss two of them. The material theory of induction claims that inductive arguments are ultimately justified by their material features, not their formal features. Thus, while a deductive argument can be valid irrespective of the content of the propositions that make up the argument, an inductive argument about, say, apples, will be justified (or not) depending on facts about apples. The argument (...) view of thought experiments claims that thought experiments are arguments, and that they function epistemically however arguments do. These two views have generated a great deal of discussion, although there hasn’t been much written about their combination. I argue that despite some interesting harmonies, there is a serious tension between them. I consider several options for easing this tension, before suggesting a set of changes to the argument view that I take to be consistent with Norton’s fundamental philosophical commitments, and which retain what seems intuitively correct about the argument view. These changes require that we move away from a unitary epistemology of thought experiments and towards a more pluralist position. (shrink)

"Based on direct observations, private interviews, and careful textual and historical analysis, Stuart Chandler looks at the challenges faced by Master Xingyun and his followers as they try to adhere to traditional practices and values while tapping into the advantages afforded by modern, global society." "Anyone with an interest in modern Buddhism or Chinese religion and culture will find Establishing a Pure Land on Earth an accessible, in-depth study of one of the most important Buddhist movements of the twenty-first (...) century."--BOOK JACKET. (shrink)

Web scraping involves using computer programs for automated extraction and organization of data from the Web for the purpose of further data analysis and use. It is frequently used by commercial companies, but also has become a valuable tool in epidemiological research and public health planning. In this paper, we explore ethical issues in a project that “scrapes” public websites of U.S. county jails as part of an effort to develop a comprehensive database to enhance HIV surveillance and improve continuity (...) of care for incarcerated populations. We argue that the well-known framework of Emanuel et al. provides only partial ethical guidance for the activities we describe, which lie at a complex intersection of public health research and public health practice. We suggest some ethical considerations from the ethics of public health practice to help fill gaps in this relatively unexplored area. (shrink)

Although American philosophers and physicians are generally familiar with the writings of Claude Bernard (1813–1878), especially his Introduction to the Study of Experimental Medicine (1865), the medicial epistemology of Georges Canguilhem, born in 1904, is virtually unknown in English speaking nations. Although indebted to Bernard for his conception of the methods to be employed in the acquisition of medical knowledge, Canguilhem radically reformulates Bernard's concepts of ‘disease’, ‘health’, ‘illness’, and ‘pathology’. Contemporary exhortations to medical professionals and medical students that they (...) “pay more attention to the whole patient” take on significance in working through the writings of Canguilhem; of crucial importance is the relation that obtains between a patient's unique symptomatology and the proper drug regiment that is required. (shrink)

We contest two claims: (1) that language, understood as the processing of abstract symbolic forms, is an instrument of cognition and rational thought, and (2) that conventional notions of turn-taking, exchange structure, and move analysis, are satisfactory as a basis for theorizing communication between living, feeling agents. We offer an enkinaesthetic theory describing the reciprocal affective neuro-muscular dynamical flows and tensions of co- agential dialogical sense-making relations. This “enkinaesthetic dialogue” is characterised by a preconceptual experientially recursive temporal dynamics forming the (...) deep extended melodies of relationships in time. An understanding of how those relationships work, when we understand and are ourselves understood, when communication falters and conflict arises, will depend on a grasp of our enkinaesthetic intersubjectivity. (shrink)

(No abstract is available for this citation).

Each of the fourteen essays in this volume is directed to some aspect of these two questions: What are the peculiarities of the concepts that we use to describe and to criticize the mental states and performances of human beings? What are the peculiarities of the knowledge that we may possess of our own mental states and attitudes and of the mental states and attitudes of others? Each of us is both a scientific student of others' beliefs, desires, and attitudes (...) and the responsible author of his own beliefs and attitudes. The center of the freedom-of-mind problem, Professor Hampshire asserts, is the confusion that arises when we try to reconcile the explanations that we would give of the same mental state or process from the two different points of view. Originally published in 1971. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905. (shrink)

Locke’s remarks about attention have not received a great deal of attention from commentators. In Section 1, I make the case that attention plays an important role in his philosophy. In Section 2, I describe and discuss five Lockean claims about attention. In Section 3, I explore Locke’s views about attention in relation to his account of sense perception. He thinks that we attend to objects by attending to ideas, and I argue that he treats sensory ideas as transparent in (...) a particular sense. In Section 4, I raise the worry that some of Locke’s remarks about attention seem at odds with his doctrine of the transparency of the mind. I offer two ways of resolving the problem, and suggest that they are parts of a single story. (shrink)

Cushman argues that “rationalization is rational.” We show that there is reasonable empirical clinical and forensic psychological evidence to support viewing rationalization as a quite suboptimal defense mechanism. Rationalization has been found to be associated not only with poorer emotional development, but also with a broad range of antisocial behavior, including not only shoplifting, but also pedophilia and murder.

This collection of essays addresses emergent trends in the meeting of the disciplines of phenomenology and performance. It brings together major scholars in the field, dealing with phenomenological approaches to dance, theatre, performance, embodiment, audience, and everyday performance of self. It argues that despite the wide variety of philosophical, ontological, epistemological, historical and methodological differences across the field of phenomenology, certain tendencies and impulses are required for an investigation to stand as truly phenomenological. These include: description of experience; a move (...) towards fundamental conditions or underlying essences; and an examination of taken-for-granted presuppositions. The book is aimed at scholars and practitioners of performance looking to deepen their understanding of phenomenological concepts and methods, and philosophers concerned with issues of embodiment, performativity and enaction. (shrink)

In the film and play Twelve Angry Men, Juror 8 confronts the prejudices and poor reasoning of his fellow jurors, exhibiting an unwavering capacity not just to formulate and challenge arguments, but to be open-minded, stay calm, tolerate uncertainty, and negotiate in the face of considerable group pressures. In a perceptive and detailed portrayal of a group deliberation a ‘wheel of virtue’ is presented by the characters of Twelve Angry Men that allows for critical thinking virtues and vices to be (...) analysed in context. This article makes the case for the film being an exceptional teaching resource, and, drawing primarily on the ideas of Martha Nussbaum concerning contextualised detail, emotional engagement, and aesthetic distance, its educational value being intimately related to its being a work of fiction. (shrink)

From the first century a.d. to the late third there existed a group of soldiers known as the frumentarii. Centralized in the late first century, they became an increasingly important force throughout the second century until Diocletian abolished them at the end of the third. Modern scholarship has usually seen their purpose as encompassing three roles: couriers, military police and secret police, with the last attracting the most attention.

1. It is a commonplace that contemporary empiricism, or antimetaphysical philosophy, at least in this country, is a re-statement of the essentials of Hume's position with the aid of the more complete analysis of a priori reasoning provided by logicians within the last fifty years; what logical empiricism has most substantially added to Hume's sceptical method is the means of stating and applying his distinction between purely analytic sentences and sentences conveying information about matters of fact more precisely than he (...) was able to state or apply it. It was Hume's governing purpose in every part of his writing to defend what is now generally called the language of common-sense, which is essentially what he called natural belief, against every kind of philosophical theory, whether rationalist or professedly sceptical. By “philosophical theory” is meant in this context any attempt by the use of logical or a priori arguments either to justify or to amend our common-sense beliefs or assertions; Hume tries to show that all such attempts are mistaken in logic and ineffective in fact. The work of the genuine sceptic, who is the true philosopher, is repeatedly to draw attention to the limits of human reason; to draw attention to the limits of human reason is to point to the logical impossibility of answering philosophical demands for some general, and therefore non-empirical, justification of our natural beliefs; such demands involve the substituting of some single, imposed criterion of justification in the place of the various and shifting criteria which we in fact habitually use. (shrink)

Stuart Hameroff, M.D., is a doctor of medicine, a professor of anesthesiology and psychology, as well as associate director of the Center for Consciousness Studies at University of Arizona. Through a collaboration with mathematical physicist, Prof Sir Roger Penrose, Prof Hameroff is leading the assault on mainstream thinking about the human mind and how it is that we come to be. Forget space exploration. Forget biotechnology. Forget nanobots. Forget sea monkeys. The final frontier of science is reading this article (...) right now - and there's a very good reason why physicists call it "the hard problem".. (shrink)

The man generally known as Averroes—Muhammad Ibn Ahmad (c.1126–98)—was a Muslim scholar from southern Spain who came to be regarded as one of the great authorities on Aristotle's philosophy. Medieval and even later philosophers in the Scholastic tradition referred to him simply as ‘the Commentator’ just as they referred to Aristotle himself as ‘the Philosopher’. Averroes' authority as an expositor was never wholly unchallenged and, in a purely historical context, the term ‘Averroist’ should strictly be reserved for those Aristotelians who (...) followed the interpretations of Averroes rather than those of, say, Avicenna. Some of these interpretations, however, suggested beliefs that were inconsistent with acceptance of a Creator of the material world or with belief in a last judgment at which individual souls would be punished or rewarded for their life on earth. They suggested, rather, that the material world was eternal and that individual souls did not survive bodily death. This raised a general problem about what to say in the face of a conflict between faith and reason, between the teachings of the Church and the teachings of philosophy. Averroism became associated with a particular problem and with what was known as the ‘twofold truth’, according to which it is possible to admit the conflict and continue to profess a religious faith without abandoning or abridging one's commitment to philosophy. (shrink)

This essay is concerned with a cluster of related problems which arise for an understanding of religious belief. In my treatment of them I have confined myself to examples drawn almost entirely from the Christian religion. I have accepted this restriction more out of necessity than partiality. It is difficult enough for a European philosopher to avoid unintentionally caricaturing that religion. The risk of his misrepresenting religions which have little influence his own culture must be even greater. I have, however, (...) tried to make a virtue out of this restriction by addressing myself to some issues which have been of particular concern to Christian thinkers in recent years. But I hope that the bearing of my treatment of them on religious belief in general will be apparent. For few of them are peculiar to the Christian religion. (shrink)