The challenge of calling "balls and strikes": the curious case of Gould v. Roberts -- To flatlaw and beyond : appreciating multiple analytic dimensions -- The traditions of legal reasoning : developing analytical legitimacy despite substantive disagreement -- Rethinking the analytic tradition : text, context, hypertext, and subtext -- The challenge of text : the relationship of "is," "ought," and focal meaning -- The challenge of context : what "is" means in both facts and law -- The challenge of hypertext (...) : the struggle within "ought" of multiple perspectives on fundamental values -- The challenge of subtext : considering the judiciary's role in the "game" of legal life -- The right (or rights?) to privacy (or privacies?) -- The never-ending disagreements over statutory interpretation : the primacy of subtext. (shrink)

This book aims to give a coherent interpretation of the whole dialogue, paying particular attention to these etymologies.The book discusses the rival theories ...

According to ontological perspectivism, there can be, in principle, multiple and alternative perspectives on the world that can be sliced, systematized, and conceptualized in different ways. Surely, such an ontological position has many categorial implications, which may vary depending on different disciplinary contexts. This paper explores parts of these implications in the realm of geography. In particular, it aims at discussing the ontological categories that one might use to describe the geographical world in an overarching perspective – that is, the (...) perspective that puts toether all the partial views coming from the different branches of the geographical investigation. We will see that if the overarching perspective is expected to include all the views on the geographical world, then such a perspective should be all-embracing in terms of contents and categories. This means that the overarching perspective might also comprehend inconsistencies that derive from how the various partial perspectives conceptualize differently the geographical world. (shrink)

Antigone’s reasons for being prepared to die make good sense within a tragic world-view; but the Crito turns out to be, in an odd way, aporetic, because Socrates’ professed reasons make no sense within the Platonist world-view that we expect him to use. On Platonist principles, Socrates should have escaped from prison, and acted unjustly in not doing so. But Socrates’ real reasons for being prepared to die are not Platonist: they are tragic. Like Antigone, he regards the narrative of (...) his life as over: this is why he is incapable of taking seriously the option of escape. (shrink)

This dissertation examines Edmund Husserl's call for a "science of the life-world." It is argued that the most appropriate response is to develop such a science in specifically sociological terms. This argument is made by exploring particular themes in sociological theory and the philosophy of the social sciences. The dissertation begins by explicating Husserl's aspiration to understand the "life-world" and ends with the fulfillment of this aspiration in a "sociology of the life-world." ;The initial focus is upon Husserl's ambiguous concepts (...) of "life-world" and "intersubjectivity." These gain coherence when "intersubjectivity" is understood as the content of "life-world" and subject matter of philosophy. Husserl's argument implies that intersubjectivity should supersede subjectivity as the focus of study. Schutz contends that Husserl's conception of the life-world is artificial and that his philosophy is beset by an insurmountable solipsism. Schutz's alternative is to approach intersubjectivity as an empirical fact. This opens up everyday life to sociological investigation. Although Schutz follows Husserl's recommendations, it is argued that he misconstrues the scope of Husserl's philosophy and, subsequently, his own thought terminates in a reification of method and failure to achieve a science of the life-world. Mead provides a way to remedy this failure by beginning with the relationship between individual and society. Yet Mead's conception of intersubjectivity also fails, as it is undermined by an account of meaning premised on the individual alone. ;By introducing the idea of "universal symbol," however, Mead suggests the study of language as the central topic for a sociology of the life-world. In the final chapters this dissertation draws upon the thought of Ludwig Wittgenstein, Michael Oakeshott, and Harold Garfinkel to discuss how language can be conceived and studied as a set of practices shared within a society. While realizing Husserl's call, the solution of focusing on language raises the question of the scope and nature of sociological inquiry. The dissertation concludes by arguing that sociology, since its procedures are governed by the everyday character of phenomena it studies, should be understood as a descriptive mode of inquiry. In this way, Husserl's recommendations may be enacted in a sociology of the life-world. (shrink)

On method, discursive logics, and epistemology -- Questions of medieval discursive practice -- From the middle ages to the (w)hole of Utopia -- Kepler, his Dream, and the analysis and pattern of thought -- Campanella and Bacon: concerning structures of mind -- The masculine birth of time -- Cyrano and the experimental discourse -- The myth of sun and moon -- The difficulty of writing -- Crusoe rights his story -- Gulliver's critique of Euclid -- Emergence, consolidation, and dominance of (...) a discourse. (shrink)

Operational epistemology is, to a first approximation, the attempt to provide cognitive rules such that one is in principle always in a position to know whether one is complying with them. In Knowledge and its Limits, I argue that the only such rules are trivial ones. In this paper, I generalize the argument in several ways to more thoroughly probabilistic settings, in order to show that it does not merely demonstrate some oddity of the folk epistemological conception of knowledge. Some (...) of the generalizations involve a formal semantic framework for treating epistemic probabilities of epistemic probabilities and expectations of expectations. The upshot is that operational epistemology cannot work, and that knowledge-based epistemology has the right characteristics to avoid its problems. (shrink)

Some commentators have criticized bioethics as failing to engage religion both as a matter of theory and practice. Bioethics should work toward understanding the influence of religion as it represents people's beliefs and practices, but bioethics should nevertheless observe limits in regard to religion as it does its normative work. Irreligious skepticism toward religious views about health, healthcare practices and institutions, and responses to biomedical innovations can yield important benefits to the field. Irreligious skepticism makes it possible to raise questions (...) that otherwise go unasked and to protect against the overreach of religion. In this sense, bioethics needs a vigorous irreligious outlook every bit as much as it needs descriptive understandings of religion. (shrink)

Carole Patemanâe(tm)s writings have been innovatory precisely for their qualities of engagement, pursued at the height of intellectual rigour. This book draws from her vast output of articles, chapters, books and speeches to provide a thematic yet integrated account of her innovations in political theory and contributions to the politics of policy-making. The editors have focused on work in three key areas: Democracy Patemanâe(tm)s perspective is rooted in a practical perspective, enquiring into and speculating about forms of participation over and (...) above the âe~traditionalâe(tm) exclusions through which representative systems have been variously constructed over time. Her work pushes hard on theorists and politicians who make easy assumptions about apathy and public opinion, who bracket off the workplace and the home, and who see politics only in partisan activity, voter behaviour and governmental policy. Women Patemanâe(tm)s innovatory and still-cited work on participation antedates the feminist revolution in political theory and many of the practical struggles that developed through the later 1970s. While woman-centred, her concerns were always worked through larger conceptions of social class, economic advantage, power differentials, âe~liberalâe(tm) individualism and contracts including marriage. Her feminism was innovative in political theory, and within feminism itself. As a feminist Pateman defies categorization, and her concepts of âe~the sexual contractâe(tm) and âe~Wollstonecraftâe(tm)s dilemmaâe(tm) are canonical. Welfare Patemanâe(tm)s innovation here is an integration of welfare issues âe" in particular the proposals for a âe~basic incomeâe(tm) or for a âe~capital stakeâe(tm) âe" into her broad but always rigorous conception of democracy. This is argued through in terms of citizenship, taken as the result of a social contract. In that way Pateman puts liberalism itself through an imminent critique, drawing in the practicalities and risks of life in late capitalist societies. Her theory as always is political, taking in neo-liberal attacks on âe~welfare statesâe(tm) and the stark realities of international inequalities. Patemanâe(tm)s career achievements in democratic and feminist theory are brought productively to bear on debates that would otherwise occur in more limited, and less provocative, academic and political contexts. (shrink)

Examining a fragment of interaction that occurred during a surgery at a teaching hospital, we explore how particular instructed experiences are produced for two trainees, a surgeon in the residency program and a medical student in a surgical clerkship. We are concerned with what is produced as learnable in each case. Stated slightly differently, we are interested in the ways in which the attending surgeon uses demonstrations as instruction and the ways in which recipients of that instruction, in this case (...) the resident and the clerk, respond with enactments of those demonstrated actions. The recipients of this kind of instruction participate in a form of experiential learning in which they enact their own versions of the instructor’s demonstrated actions to be observed and assessed by the instructor. These enactments provide learners with experiential access to the instructor’s demonstrated actions. They are designed to be experiences that learners may draw upon to make experientially warranted claims at some later time. (shrink)

In lieu of an abstract, here is the chapter's first paragraph: JOHN DEWEY AND BERTRAND RUSSELL were two of the premier philosophers of the twentieth century. During their long lives (each lived to be over 90), their paths crossed on several occasions. While cordial enough when in each others presence, the two men were definitely not on the best of terms. Sidney Hook, who knew and admired them both, once said that there were only two men who Dewey actively disliked—Mortimer (...) Adler and Bertrand Russell. Russell, for his part, never tired of making disparaging remarks about the pragmatists in general and Dewey in particular. This irked Dewey immensely. Still, the two men shared many philosophical traits—an internationalist outlook, a high regard for the scientific method, a concern for social matters, and a suspicion of dogma, especially religious dogma. In this chapter, I will focus upon the educational theories of Russell and Dewey, including the curious fact that each of them (for a short period of time) ran their own elementary schools. (shrink)

This brief annotated bibliography is intended to help students get started with their research. It is not a substitute for personal investigation of the literature, and it is not a comprehensive bibliography on the subject. For those just beginning to study Bayesian reasoning, I suggest the starred items as good places to start your reading.

On the epistemic view of vagueness, a vague expression has sharp boundaries whose location speakers of the language cannot recognize. The paper argues that one of the deepest sources of resistance to the epistemic view is the idea that all truths are cognitively accessible from truths in a language for natural science, conceived as precise, in a sense explained. The implications of the epistemic view for issues about the relations between vague predicates and scientific predicates are investigated.

This note concerns a recent paper by Hud Hudson on the nature of 'receptacles'. It simplifies the mathematics in Hudson's paper, and it eliminates almost all of the topology in Hudson's arguments.

The de‐repression of transposable elements (TEs) in mammalian genomes is thought to contribute to genome instability, inflammation, and ageing, yet is viewed as a cell‐autonomous event. In contrast to mammalian cells, prokaryotes constantly exchange genetic material through TEs, crossing both cell and species barriers, contributing to rapid microbial evolution and diversity in complex communities such as the mammalian gut. Here, it is proposed that TEs released from prokaryotes in the microbiome or from pathogenic infections regularly cross the kingdom barrier to (...) the somatic cells of their eukaryotic hosts. It is proposed this horizontal transfer of TEs from microbe to host is a stochastic, ongoing catalyst of genome destabilization, resulting in structural and epigenetic variations, and activation of well‐evolved host defense mechanisms contributing to inflammation, senescence, and biological ageing. It is proposed that innate immunity pathways defend against the horizontal acquisition of microbial TEs, and that activation of this pathway during horizontal transposon transfer promotes chronic inflammation during ageing. Finally, it is suggested that horizontal acquisition of prokaryotic TEs into mammalian genomes has been masked and subsequently under‐reported due to flaws in current sequencing pipelines, and new strategies to uncover these events are proposed. (shrink)

In the few years since the advent of ‘Big Data’ research, social media analytics has begun to accumulate studies drawing on social media as a resource and tool for research work. Yet, there has been relatively little attention paid to the development of methodologies for handling this kind of data. The few works that exist in this area often reflect upon the implications of ‘grand’ social science methodological concepts for new social media research. By contrast, we advance an abductively oriented (...) methodological suite designed to explore the construction of phenomena played out through social media. To do this, we use a software tool – Chorus – to illustrate a visual analytic approach to data. Informed by visual analytic principles, we posit a two-by-two methodological model of social media analytics, combining two data collection strategies with two analytic modes. We go on to demonstrate each of these four approaches ‘in action’, to help clarify how and why they might be used to address various research questions. (shrink)

While the clinical promise of much stem cell research remains largely theoretical, patients are nonetheless pursuing unproven stem cell therapies in jurisdictions around the world—a phenomenon referred to as “stem cell tourism.” These treatments are generally advertised on a direct-to-consumer basis via the Internet. Research shows portrayals of stem cell medicine on such websites are overly optimistic and the claims made are unsubstantiated by published evidence. However, anecdotal evidence suggests that parents are pursing these “treatments” for their children, despite potential (...) physical and financial risk. Physicians are in a unique position as they can be expected to be involved in, or privy to, such decisions. In this paper, we consider what duties physicians may have toward minor patients whose parents/guardians wish to engage in stem cell tourism on their behalf. We use the Canadian perspective to address the broadly relevant issues raised by this trend. (shrink)

H. Tristram Engelhardt has said that “in the 1960s and 1970s... religious bioethics fell into the shadow of established secular bioethics. I don't think that religious bioethics has ever really...

This article argues against privileging the expectations of settlers over those of dispossessed peoples. I assume in this article that historical rights to occupancy do not persist through all changes in circumstances, but a theory of justice should reduce perverse incentives to unjustly settle on land in hopes of legitimating occupancy. Margaret Moore, in her 2015 book, A Political Theory of Territory, tries to balance these intuitions through an argument based on legitimate expectations. I argue that Moore’s attempt to reduce (...) perverse incentives (through expectation-altering institutional design) fails. Moore unduly privileges settler expectations, especially over those of indigenous peoples. I criticize United States court decisions resurrecting the expectations of past settlers in the allotment era (which share structural features with Moore’s arguments). Lastly, distinguishing between ‘final’ supersession of historical injustice through changing circumstances, and ‘dormant’ supersession, shows how indigenous claims to land and jurisdiction may revive. (shrink)

In light of the recent symposium, this paper analyses integral theory through original and dialectical critical realism. This paper maintains that Integral theory is unable to sustain its critique against modernity and postmodernity as a result of the adoption of Kantian, Hegelian, and Heideggerian ontology. The resulting actualism and structure, perpetrates ontological violence, as it attempts to resolve the problems of modernity and postmodernity. An adoption of critical realism as underlabourer would call into question many of the theoretical underpinnings of (...) integral theory resulting in a serious re-evaluation of its core features. (shrink)

Aristotle's use of the phrase τὰ καλούμενα στοιχεȋα is usually taken as evidence that he does not really think that the things to which this phrase refers, namely, fire, air, water, and earth, are genuine elements. In this paper I question the linguistic and textual grounds for taking the phrase τὰ καλούμενα στοιχεȋα in this way. I offer a detailed examination of the significance of the phrase, and in particular I compare Aristotle's general use of the Greek participle καλούμενος (-η, (...) -ον) in other contexts. I conclude that his use of the phrase τὰ καλούμενα στοιχεȋα does not carry ironical or sceptical connotations, and that it ought to be understood as a neutral report of a contemporary opinion that the elements of bodies are fire, air, water, and earth. I leave aside the question as to whether or not Aristotle himself endorses this opinion. (shrink)

It is widely thought that genetic counselors should work with parents “nondirectively”: they should keep parents informed and support their decisions. But this view misconceives human decisionmaking by failing to recognize that value choices are constructed within and constrained by a community. Acknowledging that decisions involve interaction with and responsibility toward others leads to a “dialogical” model of counseling, in which genetic counselors may question and guide parents’ decisions.

Il Commento di Rufo alla Metafisica aristotelica è tradito integralmente nel Vat. lat. 4538 e parzialmente in altri quattro mss.: Erfurt, Bibl. Amplon., Q. 290 ; Praha, Archiv Prazského Hradu, M. 80 ; Oxford, New College, 285 ; Oxford, Bodl. Libr., misc. lat. C. 71 . Per l'ed. dello Scriptum sono stati utilizzati V, E, e N. In questa sezione del Commento , dove il francescano inglese si propone di conciliare la dottrina dell'immutabilità divina con la dottrina della creazione e (...) dei futuri contingenti, l'A. individua la presenza di argomenti utilizzati da Roberto Grossatesta nel De libero arbitrio. (shrink)

In 2015 IACR held its annual conference at Notre Dame (USA) around the theme of Re-Imagining Social Science. It is rather fashionable to acknowledge that there is a crisis in the social sciences to...

In lieu of an abstract, here is a brief excerpt of the content:Denying the Body? Memory and the Dilemmas of History in DescartesTimothy J. ReissIn an essay first published in The New York Review of Books in January 1983, touching her apprenticeship as writer, the Barbadian /American novelist Paule Marshall described the long afternoon conversations with which her mother and friends used to relax in the family kitchen. She recalled how they saw things as composed of opposites; not torn, but (...) completed and made whole by them.Theirs was not a Manichean brand of dualism that sees matter, flesh, the body, as inherently evil, because they constantly addressed each other as “soully-gal”—soul: spirit; gal: the body, flesh, the visible self. And it was clear from their tone that they gave one as much weight and importance as the other. They had never heard of the mind/body split. 1This closing claim is surely less than self-evident. Whether or not the companions had heard of the mind/body split depends on the meaning given to the verb “hear.” Certainly it was embedded in their language, however much the phrase “soully-gal” might recombine its parts.Did the split come from Descartes and early European debates, linguistically colonizing all those who came within its sphere—Africans, Barbadians, Brooklynites? Did it come from a Christian heritage, with its haggling over bodily mortality and immortality of soul? Who knows? A first point is that it is still an everyday experience, deeply buried in language and so in the ideas, feelings, and meanings expressed in language. A second point is that the post-Cartesian debates—to simplify for a moment with an overly heavy [End Page 587] hand—were and are themselves but a variant within a much longer received wisdom. Nonetheless, such wisdom is now bound to that variant, which, willy-nilly, does give one set of parameters to a common experience—at least, to that of those of us who dwell under Western hegemonies. It gives them also, no doubt, to many who live within them at once less clearly and more contentiously.I would like to offer a further powerful instance here, simply to emphasize what and how much is at stake in the questions to be addressed. It occurs in a writing by the Guyanese novelist Wilson Harris, his Palace of the Peacock. First in a tetralogy, this novel recounts something like a journey away from a life of colonial and postcolonial violence and oppression towards a hoped-for rebirth in “fulfilment and understanding.” 2 Early on, the harsh protagonist, Donne, mocks the narrator, his mysterious “double” and “brother,” Dreamer, who has remarked their distance from “the folk.” “Is it a mystery of language and address?” asks Donne. Slightly bewildered, Dreamer struggles to suggest that the obstacle is less of language than of a deeper disjunction:“it’s an inapprehension of substance,” I blurted out, “an actual fear of the substance of life, fear of the substance of the folk, a cannibal blind fear in oneself. Put it how you like,” I cried, “it’s a fear of acknowledging the true substance of life. Yes, fear I tell you, the fear that breeds bitterness in our mouth, the haunting sense of fear that poisons us and hangs us and murders us. And somebody,” I declared, “must demonstrate the unity of being, and show...” I had grown violent and emphatic... “that fear is nothing but a dream and an appearance....” 3Recovery of unity might become a way to defeat political and historical violences. In the next novel in the sequence, one of two self-indulgently whining characters, accused of pining for a woman who has run away to seek education, explodes: “I don’t believe you can begin to see how some body like they born seeking for mind.” 4 For peoples of the colonized Americas, imbued with “the great civilization of the American Indian,” this urge, Harris then wrote in a critical essay, was simply the personal form of a social and political necessity to recover still-living elements of a culture for which “matter truly bore the imprint of genius,” refusing “the taboo of spirituality removed from sensuous direction.” 5 Recently, Harris has worried this... (shrink)

This stimulating book covers a wide range of topics concerning Kant and the history of logic, with the overall goal of specifying how Kant's various conceptions of logic developed out of that history. A first chapter on methodology argues that Kant is properly understood as negotiating a middle way between eclecticism and systematic philosophy. This is combined with the author's views on the proper method for our reconstruction of Kant's philosophy of logic, where her idea is that Kant's own critical (...) eclecticism will provide the key to the latter. One issue that is never addressed is why this is not a sort of category error: even if Kant's own views on methodology had featured a... (shrink)

The increase in the scope of international collaborative medical research involving human subjects is raising the problem of whether and how to maintain Western ethical standards when research is conducted in countries with very different social and ethical values. Existing international ethical guidelines for research largely reflect Western concepts of human rights, focusing on the bioethical principles of respect for persons, beneficence, and justice. However, in countries and societies where these values are understood differently or are not expressed in local (...) cultures and institutions, it may be impossible or of no practical value to insert them into the research setting.In the United States, individual informed consent is considered ethically imperative for research involving human subjects. However, this imperative may be difficult to instill in societies that define persons by their relations to others, and important decisions are commonly made by heads of households or group leaders rather than by individuals. The baseline economic and health care conditions in foreign communities may also create ethical conflicts. (shrink)

Crucial to the establishment of a scientific discipline is a body of knowledge organized around a set of instruments, interpretive techniques, and regimes of training in their application. In this paper, we trace the involvement of scientists and engineers at Varian Associates in the development of nuclear magnetic resonance spectrometers from the first demonstrations of the NMR phenomenon in 1946 to the definitive takeoff of NMR as a chemical discipline by the mid-1960s. We examine the role of Varian scientists in (...) constructing several models of NMR instruments for research scientists in the 1950s and the Varian efforts to influence the adoption of NMR as a standard tool for chemical analysis through Varian-supported publications, participation in scientific meetings, collaborations with academic chemists, workshops, and postdoctoral fellowships. Special attention is devoted to the development of the Varian A-60, the first commercial NMR instrument intended for the broadly trained chemist rather than a custom-built tool for the research specialist. Drawing on an examination of the use-rate of NMR instruments in chemical literature, the assessment of NMR in the chemical review literature by practitioners, and indicators of the establishment of a suitable funding environment for the growth of physics-based scientific instrumentation in the post-Sputnik era, we argue that the establishment of NMR as a discipline coincided with the adoption of the A-60 in the mid-1960s. During the period of our study, Varian Associates was a primary military contractor. This paper is intended to contribute to recent interest in the relation of military fundingto scientific enterprise during the Cold War and to the larger question of university-industry interactions in the growth of knowledge. (shrink)

Jürgen Habermas has argued against prenatal genetic interventions used to influence traits on the grounds that only biogenetic contingency in the conception of children preserves the conditions that make the presumption of moral equality possible. This argument fails for a number of reasons. The contingency that Habermas points to as the condition of moral equality is an artifact of evolutionary contingency and not inviolable in itself. Moreover, as a precedent for genetic interventions, parents and society already affect children's traits, which (...) is to say there is moral precedent for influencing the traits of descendants. A veil-of-ignorance methodology can also be used to justify prenatal interventions through its method of advance consent and its preservation of the contingency of human identities in a moral sense. In any case, the selection of children's traits does not undermine the prospects of authoring a life since their future remains just as contingent morally as if no trait had been selected. Ironically, the prospect of preserving human beings as they are – to counteract genetic drift – might even require interventions to preserve the ability to author a life in a moral sense. In light of these analyses, Habermas' concerns about prenatal genetic interventions cannot succeed as objections to their practice as a matter of principle; the merits of these interventions must be evaluated individually. (shrink)

The full-text of this article is not currently available in ORA, but the original publication is available at springerlink.com . N.B. Timothy Williamson is now based at the Philosophy Faculty, University of Oxford.