In this article, we present results from a literature review of intrinsic, instrumental, and relational values of nature conducted for the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services, as part of the Methodological Assessment of the Diverse Values and Valuations of Nature. We identify the most frequently recurring meanings in the heterogeneous use of different value types and their association with worldviews and other key concepts. From frequent uses, we determine a core meaning for each value type, which is (...) sufficiently inclusive to serve as an umbrella over different understandings in the literature and specific enough to help highlight its difference from the other types of values. Finally, we discuss convergences, overlapping areas, and fuzzy boundaries between different value types to facilitate dialogue, reduce misunderstandings, and improve the methods for valuation of nature's contributions to people, including ecosystem services, to inform policy and direct future research. © 2023 The Author(s). Published by Oxford University Press on behalf of the American Institute of Biological Sciences. (shrink)

In response to critical discussions of her Globalizing Democracy and Human Rights by William McBride, Omar Dahbour, Kory Schaff, and David Schweickart, Gould grants that globalization and U.S. Empire are intertwined, but she argues that this does not refute that global and transnational interconnections and networks are developing that are in need of substantive democracy. Gould further seeks to clarify two main interpretive misunderstandings of her critics. First, even though she rejects “all affected” as a criterion for determining (...) the participants of institutional decision-making, she does leave room for participation of the “affected” when the fulfillment of their basic rights is at stake. Second, she argues that her vision of democratizing economic institutions is not fundamentallydifferent from the traditional idea of workplace democracy. Other topics addressed are the normative grounding of human rights, the error of reducing human rights to positive law, and the incoherency of the notion that democracy can be imposed by the barrel of a gun. Finally, Gould maintains that empathy, if properly understood, should be extended to terrorists, while we should also strongly condemn their rejection of noncombatant immunity. [Abstract prepared by the Editors.]. (shrink)

The Philosophy of Chrysippus is a reconstruction of the philosophy of an eminent Stoic philosopher, based upon the fragmentary remains of his voluminous writings. Chrysippus of Cilicia, who lived in a period that covers roughly the last three-quarters of the third century B.C., studied philosophy in Athens and upon Cleanthes’ death became the third head of the Stoa, one of the four great schools of philosophy of the Hellenistic period. Chrysippus wrote a number of treatises in (...) each of the major departments of philosophy, logic, physics, and ethics. Much of his fame derived from his acuteness as a logician, but his importance for Stoic philosophy generally was acknowledged in antiquity in the saying, “Had there been no Chrysippus, there would be no Stoa.” Previous accounts of Chrysippus’ philosophy, including Émile Bréhier’s study, the only work in this century which had sought to deal with Chrysippus’ philosophy alone, blurred the distinctive contributions of Chrysippus to Stoic philosophy and failed to bring to light the peculiar features in his thought. The vagueness in these accounts resulted in large measure from the assumption that if an ancient author ascribed a doctrine to “the Stoics” or “Stoicism”, one could infer that the doctrine belonged to Chrysippus. Professor Gould works from the more circumspect methodological principle that unless an ancient author explicitly ascribes a doctrine to Chrysippus, his testimony cannot be used in reconstructing Chrysippus’ philosophy. Working with those of the fragments in Hans von Arnim’s collection, Stoicorum Veterum Fragmenta, which are explicitly Chrysippean in the sense suggested, Mr. Gould has worked out an account of Chrysippus’ views in the fields of logic, natural philosophy, and ethics. In order that Chrysippus’ thought might be viewed in context Mr. Gould provides a background picture by describing the third century milieu in which the Stoic philosopher worked. This follows an account of Chrysippus’ life and reputation in antiquity and a description of modern assessments of Chrysippus’ position in the Stoa. In his account of Chrysippus’ philosophy Mr. Gould frequently introduces comparisons and contrasts with Plato and Aristotle to help emphasize the continuity between Hellenic and early Hellenistic philosophy. Finally, in a concluding chapter, the author shows that the dominant themes in Chrysippus’ philosophy, while not exhibiting a thoroughly well-knit system, nevertheless are woven together into a remarkably comprehensive whole, which must have been extraordinarily impressive in antiquity. (shrink)

A panel titled Feminist Philosophy after Twenty Years was organized by Carol C. Gould for the session sponsored by the Committee on the Status of Women at the American Philosophical Association's 1993 Eastern Division Meeting, December 30, 1993 in Atlanta, GA. The remarks of the three panelists, Linda Lopez McAlister, Ann Ferguson and Kathy Addelson are printed below.

The U.S. Supreme Court held, in American Manufacturers Mutual Insurance Co. v. Sullivan, 119 S. Ct. 988, that state workers’ compensation system insurers cannot be sued for withholding health care benefits for work-related injuries while they decide whether the treatment is “reasonable” and “necessary.” The respondents, ten employees and two organizations representing employees who received medical benefits under the Workers’ Compensation Act, brought a 42 U.S.C. § 1983 action against state officials, the Pennsylvania State Workers’ Insurance Fund, private insurers, and (...) the school district, alleging that their due process rights were violated by provisions of the Pennsylvania Workers’ Compensation Act, 77 Pa. Cons. Stat. Ann. § 1 et seq.. The Act permits suspension of benefits without notice or opportunity to be heard pursuant to a “utilization review” process.To control costs, Pennsylvania amended its workers’ compensation system in 1993. Under the Act, an employer or its insurer must pay for all reasonable and necessary medical treatment. (shrink)

Three indexes have been compiled: authors of main articles (including our special departments such as ‘Projects in progress’ and ‘Notes and discussions’); essay reviews; and book reviews. Co-author...

Flesh of My Flesh is a collection of articles by today's most respected scientists, philosophers, bioethicists, theologians, and law professors about whether we should allow human cloning. It includes historical pieces to provide background for the current debate. Religious, philosophical, and legal points of view are all represented.

Volume 25, Issue 2, February 2025, Page 149-150.

Natural law, as a school of jurisprudence or a means to decide or consider legal cases, is considered by some as nothing more than an emotive reminiscence and by others as a foundational system upon which legal reasoning must depend.

Some time in the late 1590s, the Welsh amateur mathematician John Bulkeley wrote to Thomas Harriot asking his opinion about the properties of a truly gargantuan (but totally imaginary) plano-spherical convex lens, 48 feet in diameter. While Bulkeley’s original letter is lost, Harriot devoted several pages to the optical properties of “Mr Bulkeley his Glasse” in his optical papers (now in British Library MS Add. 6789), paying particular attention to the place of its burning point. Harriot’s calculational methods in these (...) papers are almost unique in Harriot’s optical remains, in that he uses both the sine law of refraction and interpolation from Witelo’s refraction tables in order to analyze the passage of light through the glass. For this and other reasons, it is very likely that Harriot wrote his papers on Bulkeley’s glass very shortly after his discovery of the law and while still working closely with Witelo’s great Optics; the papers represent, perhaps, his very first application of the law. His and Bulkeley’s interest in this giant glass conform to a long English tradition of curiosity about the optical and burning properties of large glasses, which grew more intense in late sixteenth-century England. In particular, Thomas Digges’s bold and widely known assertions about his father’s glasses that could see things several miles distant and could burn objects a half-mile or further away may have attracted Harriot and Bulkeley’s skeptical attention; for Harriot’s analysis of the burning distance and the intensity of Bulkeley’s fantastic lens, it shows that Digges’s claims could never have been true about any real lens (and this, I propose, was what Bulkeley had asked about in his original letter to Harriot). There was also a deeper, mathematical relevance to the problem that may have caught Harriot’s attention. His most recent source on refraction—Giambattista della Porta’s De refractione of 1593—identified a mathematical flaw in Witelo’s cursory suggestion about the optics of a lens (the only place that lenses appear, however fleetingly, in the writings of the thirteenth-century Perspectivist authors). In his early notes on optics, in a copy of Witelo’s optics, Harriot highlighted Witelo’s remarks on the lens and della Porta’s criticism (which he found unsatisfactory). The most significant problem with Witelo’s theorem would disappear as the radius of curvature of the lens approached infinity. Bulkeley’s gigantic glass, then, may have provided Harriot an opportunity to test out Witelo’s claims about a plano-spherical glass, at a time when he was still intensely concerned with the problems and methods of the Perspectivist school. (shrink)

This excellent book is about Western morality as it interacts with law. It is not contrasting the moral foundations of American law with other value systems. Rather the authors examine the history and great diversity of Western thought, the substance of moral ideas. They range from the ancients to the new old order of the New World. Hazard and Pinto see the various voices articulating moral, political and legal thought as "pregnant with future relevance" for practical decision-making. Thus their approach (...) is not relativistic, but mindful of alternatives and historical context. Hazard and Pinto have written a most thoughtful and stimulating study. -- Gerhard Casper, Professor of Law, Emeritus and President Emeritus, Stanford U. *** Beginning with the reality and challenge of modern Supreme Court confirmation hearings, Hazard and Pinto demonstrate the relationships and differences among law, morals, and politics. Hazard, a legal ethicist and scholar, and Pinto, a biblical historian, are a unique team. Their succinct and vital work draws from the wisdom of the ancients and the evolution of modern thought. Anyone concerned with the living law must understand its moral roots to sense when the old growth should be pruned and the new nurtured in light of evolving principles of liberty, equality, and morality. -- Michael Traynor, President Emeritus, American Law Institute *** In this concise meditation on the relationship between law and morality, one of our leading thinkers on law and the legal profession, himself the embodiment of Aristotelian "practical wisdom", takes us on a most engaging tour of our intellectual and moral heritage, helping us to understand the moral foundations of our modern legal system and the language of the law. I commend this book to any interested reader and particularly to non-lawyers who may not have considered how deeply and mysteriously intertwined our legal rules are with religious belief and historical origins. -- David F. Levi, Dean and Professor of Law, Duke U. School of Law *** This is an unstuffy and lively account of fundamental values in American, and indeed Western, public and civic life. The whole historical background is presented both clearly and comprehensively. This attractively succinct book deserves to be read by all who are interested in our public life. The writing is so incisive and compelling that I read this book in a single sitting. -- Neil H. Andrews, Professor of Civil Justice and Private Law, U. of Cambridge. (shrink)

I THE CONCEPT OF ACTION Among the most basic of legal concepts of concern to the practitioners of law at all levels we find those of defence, culpability, ...

This is a critical edition of the work published in 1681, two years after Hobbes' death. The dialogue contains mature reflections of Hobbes on the doctrine of sovereignty. It deals with the relation between law and reason, sovereign power, crimes, heresies and punishments. The editor's introduction sets forth arguments for regarding the text as a complete work, contrary to the views of L. Stephen, Tönnies, and Robertson. A critical analysis of the argument in the dialogue is also provided indicating the (...) relation of the dialogue to Hobbes' political philosophy. The dialogue is interesting in portraying the more "liberal" side of Hobbes. It is an invaluable aid to the study of Hobbes.--A. S. C. (shrink)

Purpose: to characterize ethics course content, structure, resources, pedagogic methods, and opinions among academic administrators and course directors at U.S. medical schools. Method: An online questionnaire addressed to academic deans and ethics course directors identified by medical school websites was emailed to 157 Association of American Medical Colleges member medical schools in two successive waves in early 2022. Descriptive statistics were utilized to summarize responses. Results: Representatives from 61 (39%) schools responded. Thirty-two (52%) respondents were course directors; 26 (43%) (...) were deans of academic affairs, medical education, or curriculum; and 3 with other roles also completed the survey (5%). All 61 schools reported some form of formal ethics education during the first year of medical school, with most (n = 54, 89%) reporting a formal mandatory introductory course during preclinical education. Schools primarily utilized lecture and small-group teaching methods. Knowledge-based examinations, attendance, and participation were most commonly used for assessment. A large majority regarded ethics as equally or more important than other foundational courses, but fewer (n = 37, 60%) provided faculty training for teaching ethics. Conclusions: Despite a response rate of 39 percent, the authors conclude that medical schools include ethics in their curricula in small-group and lecture formats with heterogeneity regarding content taught. Preclinical curricular redesigns must innovate and implement best practices for ensuring sound delivery of ethics content in future curricula. Additional large-scale research is necessary to determine said best practices. (shrink)

This book studies the history of intercultural human rights. It examines the foundational elements of human rights in the East and the West and provides a comparative analysis of the independent streams of thought originating from the two different geographic spaces. It traces the genesis of the idea of human rights back to ancient Indian and Greco-Roman texts, especially concepts such as the Rigvedic universal moral law, the Upanishadic narratives, the Romans' model of governance, the rule of law, and administration (...) of justice. It also looks at Cicero's concept of rights and duties which focuses on quality of compassion and fair play, and Seneca's expositions on mercy, empathy, justice and checks on the arbitrary exercise of power. An important contribution, this book fills a significant gap in the study of human rights. It will be useful for students and researchers of political science, ancient history, religion and civilizations, philosophy, history, human rights, governance, law, sociology, and South Asian studies. The book also caters to general readers interested in the history of human rights. (shrink)

The use of artificial intelligence (AI) to aid legal decision making has become prominent. This paper investigates the use of AI in a critical issue in employment law, the determination of a worker’s status—employee vs. independent contractor—in two common law countries (the U.S. and Canada). This legal question has been a contentious labor issue insofar as independent contractors are not eligible for the same benefits as employees. It has become an important societal issue due to the ubiquity of the gig (...) economy and the recent disruptions in employment arrangements. To address this problem, we collected, annotated, and structured the data for all Canadian and Californian court cases related to this legal question between 2002 and 2021, resulting in 538 Canadian cases and 217 U.S. cases. In contrast to legal literature focusing on complex and correlated characteristics of the employment relationship, our statistical analyses of the data show very strong correlations between the worker’s status and a small subset of quantifiable characteristics of the employment relationship. In fact, despite the variety of situations in the case law, we show that simple, off-the-shelf AI models classify the cases with an out-of-sample accuracy of more than 90%. Interestingly, the analysis of misclassified cases reveals consistent misclassification patterns by most algorithms. Legal analyses of these cases led us to identify how equity is ensured by judges in ambiguous situations. Finally, our findings have practical implications for access to legal advice and justice. We deployed our AI model via the open-access platform, https://MyOpenCourt.org/, to help users answer employment legal questions. This platform has already assisted many Canadian users, and we hope it will help democratize access to legal advice to large crowds. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Nomadic Turns:Epistemology, Experience, and Women University Band DirectorsElizabeth GouldMusic education occupations in the U.S. have been segregated by gender and race for decades. While women are most likely to teach young students in classroom settings, men are most likely to teach older students in all settings, but most particularly in wind/percussion ensembles.1 Despite gender-affirmative employment practices, men constitute a large majority among band directors at all levels.2 At the (...) postsecondary level in the U.S., women constitute less than 10%.3 In all cases and all levels, the vast majority of band directors are white. Occupational segregation inhibits the development of individuals' careers as well as the development of the profession as individuals choose or are hired for positions based on their gender and/or race rather than their abilities.In terms of women university band directors, researchers have investigated employment trends,4 personal and occupational characteristics,5 occupational role models, and professional identity.6 Their findings generally have supported the hypotheses that historical precedent, traditional socialization, discrimination, segregation, and lack of role models contribute to their persistently low percentage as band directors. Longitudinal studies7 demonstrate that the percentage of women band directors has not increased significantly, and may be actually [End Page 147] declining after thirty years of enforcing affirmative action laws, which would suggest that these interventions have not provided the basis for enacting change in the profession. Further, change does not seem possible if members of the profession do not understand what causes the situation to persist. For example, while the College Band Directors National Association has supported the Linda A. Hartley and Deborah A. Sheldon study,8 their concern seems to be in only identifying the extent of the situation with the intention of increasing the number of women and non-white individuals who are band directors within the profession as it currently is constructed. This empirical approach is inadequate because it addresses neither the values held by members of the profession, nor its structure, which as previous research indicates, is poorly understood and must change to make possible meaningful increases in the number of women and non-white people.The profession of conducting university bands exists within the profession of music education in general, which, of course, exists within the profession of music. Clearly, one cannot be adequately understood without placing it in the context of the others. What is needed, then, are richer, more substantive, and meaningful understandings of the professions in general and of specific questions within them in particular, as they may provide the basis on which change can be possible. In addition to addressing the issue of persistent occupational gender and racial segregation, questions that may be addressed include positionalities9 of bands in the music education profession, the relationship of performance/conducting to the music profession, and the role of the musician in society in general. In order to accomplish this, I propose an analytical method that is both postmodern and feminist, and in which the philosophical figuration of the nomad, as explicated by Rosi Braidotti,10 is central.Postmodern/Feminist AnalysisDescribed variously as a "philosophical perspective,"11 a "sensibility,"12 and a historical moment,13 postmodernism resists definition. It may be understood as a way of perceiving the world that accepts and even embraces contradictions and uncertainties while rejecting commonly accepted cultural beliefs and practices, including humanist understandings of identity, representation, and the subject. This is a "postmodernism of resistance"14 that interrogates cultural practices, focusing on what is unexpected, marginalized, and silenced, opening spaces for change. In contrast, analysis based on modernism is constrained by binary oppositions that inscribe the positionalities of social groups. These oppositions are exemplified by Subject/Other (for example, male/female, reason/emotion) and consist of asymmetrical power relations in which the former is privileged over the latter, and the latter is defined in terms of not-the former. Postmodern analysis [End Page 148] reveals what these dualisms exclude, distort, or obscure, and provides flexibility for research from a variety of perspectives. Braidotti describes it as a "new kind of theoretical style"15 in terms of thinking, design, and analysis of research, a style... (shrink)

This is a general account of the Cappadocian Christian Father Gregory of Nyssa (c. 335 - c. 395 CE) as a philosopher. The article is divided into a discussion of his life and his views on God, the world, humanity, history, knowledge, and virtue. A common thread, which would later be systematized in the Palamite essence-energies distinction, is traced in all these topics. Of particular interest to philosophers are comparisons with John Locke and Immanuel Kant.

Rights have two properties which prima facie appear to be inconsistent. The first is that they are conditional in the sense that one some occasions it is always justifiable for someone to act in a way which appears to be inconsistent with someone else's rights, such as when the defence of necessity applies. The second is that rights are indefeasible in the sense that they are not subject to being defeated our outweighed by utilitarian or policy considerations. If we view (...) rules and the rights which they establish as being subject to a ceteris paribus clause, the form of which generates out the exceptions, the conditionality of rights becomes reconcilable with their nondefeasibility. Such a view of rules and rights would entail that the goals of the law and their orderings be considered as a part of the law. When so viewed, propositions about goals and their orderings become legitimate premises for legal reasoning, furnishing solutions to hard cases in the law of torts, without resort to balancing of interests or judicial discretion. (shrink)

The rising cost of the opioid antagonist and overdose reversal agent naloxone is an urgent public health problem. The recent and dramatic price increase of Evzio, a naloxone auto-injector produced by Kaléo, shows how pharmaceutical manufacturers entering the naloxone marketplace rely on market exclusivity guaranteed by the patent system to charge prices at what the market can bear, which can restrict access to life-saving medication. We argue that 28 U.S.C. § 1498, a section of the federal code that allows the (...) government to use patent-protected products for its own purposes in exchange for reasonable compensation, could be used to procure generic naloxone auto-injectors, or at least bring Kaléo to the negotiating table. Precedent exists for the use of § 1498 to procure pharmaceuticals, and it could give meaning to the federal government's recent declaration of a public health emergency around the opioid epidemic, discourage new market entrants from charging exorbitant prices, and yield important public health benefits. (shrink)

The Morality of Civil Disobedience is a clear, direct, well-written analysis of the concept of civil disobedience. Professor Hall proposes a minimal definition of civil disobedience on which he then builds a theoretical framework alleged to be morally neutral. He concludes by presenting a substantive method for amending the present legal system to permit a more direct responsiveness to moral issues. The minimal defining characteristics are "the illegality of the act, and the alleged moral nature of its justification." This eliminates (...) as constitutive elements such factors as: agent’s willingness to be arrested and punished, use of nonviolence, full publicity of act, etc. Several benefits accrue. First, this minimal definition permits cogent and useful distinctions between legal injustices and immoral laws, disobedience and revolution or rebellion, disobedience and crime. Second, a morally neutral definition allows a theoretical formulation which can encompass a number of diverse moral stances. Third, by limiting the defining characteristics to the above, the author can effectively distinguish between the concept of civil disobedience and what counts as grounds for justification. Further, by introducing the notion of prima facie obligation as necessary elements of justification, Professor Hall gives the problem a flexible and useful framework. The analysis is coherent and relatively complete. Whatever moral commitments are presumed within this theory seem minimal, easily acceptable to the reader, and quite necessary for any kind of substantive program. The author has made extensive and judicious use of legal as well as philosophical works in this field. He has defended and explicated his theoretical proposals with numerous relevant case studies. These practical illustrations tend not only to clarify the issue, but to direct the reader’s attention to dealing creatively with a contemporary problem of paramount political importance. An extensive bibliography refers the reader to important source materials from both legal and philosophical works.—S. C. (shrink)

This book is an excellent collection of papers which partly spring from, and partly bear on the Study Group on the Unity of Knowledge held in various universities, October, 1967-March, 1970. The papers all bear on the problem of reduction. In "Unity of Physical Law and Levels of Description," Ilya Prigogine argues that organized structures need physical laws of organization, not of entropy only, to explain their genesis and operation." The editor’s paper, "Reducibility: Another Side Issue," argues, following Polanyi, that (...) living things as machines already transcend physics, since they demand both chemical and engineering principles for their explanation." "How is Mechanism Conceivable?" points out that ordinary ways of talking about and explaining behavior, i.e., as involving intention and purpose, differs in logic from mechanistic explanation. But this difference in logic of the two languages is "never an obstacle to the reduction of one theory to another, indeed, there is always such a noncongruence of the conceptual mesh." Anthony J. P. Kenny’s "The Homunculus Fallacy" argues against "the reckless application of human-being predicates to insufficiently human-like objects." In "Behavior, Belief, and Emotion," A. C. MacIntyre argues for the thesis that "there is no necessary connection between at least some emotions and particular forms of behavior." In "The Critique of Artificial Reason," H. Dreyfus criticizes both the empirical and a priori arguments for optimism underlying the work in artificial intelligence. It displays the underlying philosophical assumption inherent in Western philosophical tradition since Plato. The last two papers concern Polanyi’s theory of knowledge. In "Tacit Knowledge and the Concept of Mind," W. T. Scott shows how Ryle’s "Concept of Mind can be significantly extended by considering certain features of the philosophical position that Michael Polanyi has developed around the concept of tacit knowing." R. S. Cohen’s "Tacit, Social and Hopeful" discusses the difficulties in Polanyi’s epistemology and the merits of the logical reconstruction work in science. Only the papers by Dreyfus and Scott have been previously published. Throughout the collection, the editor has provided useful introductory remarks focusing upon the unifying themes in the collection.—A. S. C. (shrink)

An overview of trends in present Continental philosophy and science. Husserl's writings are shown to prefigure the notion of a stratified structure as a model for scientific inquiry. Recent work in economics, sociology, and civil law is seen to presuppose something like Jasper's theory of the creative existential encounter. Heidegger's speculations on the nature of temporality and being-in-the-world are paralleled by several current versions of psychoanalysis. Though the influence of philosophy upon contemporary scientific movements is not claimed to (...) be direct in each instance, a convincing case is made out that those two fields are equally indicative of and contributive to a new humanistic Weltanschauung.--E. S. C. (shrink)

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)

The project of “public reason” claims to offer an epistemological resolution to the civic dilemma created by the clash of incompatible options for the rational exercise of freedom adopted by citizens in a diverse community. The present Article proposes, via consideration of a contrast between two classical accounts of dialectical reasoning, that the employment of “public reason,” in substantive due process analysis, is unworkable in theory and contrary to more reflective Supreme Court precedent. Although logical commonalities might be available to (...) pick out from the multitude of particularized accounts of what constitutes “civic order,” no “public reason” so derived could adequately capture - and thus be able to secure in a practical sense - any single determinate civic order, much less one that would be consistent with all citizens' conceptions of public order. Part I of this Article raises a number of issues for consideration relating to the epistemology of law and focuses especially on the concept of public reason and its critique. Part II addresses alternative approaches to legal reasoning suggested by classical accounts of practical reasoning and virtue theory and considers the operation of such legal analysis outside the area of substantive due process; Part III analyzes post-Lawrence case law confirming the dilemma created by the Supreme Court's ambiguous approaches to substantive due process and concludes that only one interpretation - that articulated fully in Washington v. Glucksberg and given lip service in Lawrence v. Texas - provides a method for resolving novel substantive due process challenges that is philosophically sound as well as historically coherent. Rather than perpetuating a fiction that denies the propriety of lawmaking unless based on principles that all citizens can rationally agree upon, an appropriate model of substantive due process analysis recognizes that law must inevitably be based upon principles that cannot be agreed upon by all citizens in virtue of rationality alone. -/- Abstract Footnotes (291) Beta -/- Revise My Submission -/- -/- One-Click Download | Share | Email | Add to Briefcase -/- Facebook | Twitter | Digg | Del.icio.us | CiteULike | Permalink Using the URL or DOI link below will ensure access to this page indefinitely -/- Based on your IP address, your paper is being delivered by: New York, USA Processing request. [Processing request.] Illinois, USA Processing request. [Processing request.] Brussels, Belgium Processing request. [Processing request.] Seoul, Korea Processing request. [Processing request.] California, USA Processing request. [Processing request.] -/- If you have any problems downloading this paper, please click on another Download Location above, or view our FAQ File name: SSRN-id1004757. ; Size: 424K -/- Sample Cover You will receive a black and white printed and perfect bound version of this document in 8 1/2 x 11 inch format, with glossy color front and back covers. Currently shipping to the US addresses only. Your order will be shipped within three business days. Quantity: Total Price = $0.50 plus shipping (U.S. Only) -/- If you have any problems with this purchase, please email [email protected] or call 1-585-442-8170. Reason's Freedom and the Dialectic of Ordered Liberty -/- Edward C. Lyons University of Notre Dame Law School -/- Cleveland State Law Review, Vol. 55, p. 157, 2007 -/- Abstract: The project of "public reason" claims to offer an epistemological resolution to the civic dilemma created by the clash of incompatible options for the rational exercise of freedom adopted by citizens in a diverse community. The present Article proposes, via consideration of a contrast between two classical accounts of dialectical reasoning, that the employment of "public reason," in substantive due process analysis, is unworkable in theory and contrary to more reflective Supreme Court precedent. Although logical commonalities might be available to pick out from the multitude of particularized accounts of what constitutes "civic order," no "public reason" so derived could adequately capture - and thus be able to secure in a practical sense - any single determinate civic order, much less one that would be consistent with all citizens' conceptions of public order. -/- Part I of this Article raises a number of issues for consideration relating to the epistemology of law and focuses especially on the concept of public reason and its critique. Part II addresses alternative approaches to legal reasoning suggested by classical accounts of practical reasoning and virtue theory and considers the operation of such legal analysis outside the area of substantive due process; Part III analyzes post-Lawrence case law confirming the dilemma created by the Supreme Court's ambiguous approaches to substantive due process and concludes that only one interpretation - that articulated fully in Washington v. Glucksberg and given lip service in Lawrence v. Texas - provides a method for resolving novel substantive due process challenges that is philosophically sound as well as historically coherent. -/- Rather than perpetuating a fiction that denies the propriety of lawmaking unless based on principles that all citizens can rationally agree upon, an appropriate model of substantive due process analysis recognizes that law must inevitably be based upon principles that cannot be agreed upon by all citizens in virtue of rationality alone. -/- Keywords: substantive due process, practical reason, public reason, Rawls, Casey, Lawrence, Glucksberg, Plato, Aristotle, Kant, Hegel, dialectic, autonomy, freedom -/- . (shrink)

In recent years, scholars have documented the racial disparities of mass incarceration. In this paper we argue that, although retributivism and deterrence theory appear to be race-neutral, in the contemporary U.S. context these seemingly contrary theories function jointly to rationalize racial inequities in the criminal justice system. When people of color are culturally associated with criminality, they are perceived as both irresponsible and hyperresponsible, a paradox that reflects their status as what Charles Mills calls subpersons. Following from this paradox, criminality (...) is understood as an atemporal characteristic of people of color, such that they are conceived as pre-criminals, criminals, or post-criminals. In Frantz Fanon’s account, overdetermination expresses this exclusion of people of color from full agency by capturing them within a rigid, immutable essence, which then controls the social meaning of their actions. The backward-looking quality of retribution and the forward-looking quality of deterrence then treat people of color as more deserving of punishment (and more severe punishment) and as threats to the social order who have to be restrained. We should read the racialization of mass incarceration as a symptom of how precariously people of color participate in the social contract and as reflections of how theories of punishment have been racially deployed. (shrink)

Here is the first book to present Karl Marx as one of the great systematic philosophers, a man who went beyond the traditional bounds of the discipline to work out a philosophical system in terms of a concrete social theory and politico-economic critique. Basing her work on the Grundrisse (probably Marx's most systematic work and only translated into English for the first time in 1973), Gould argues that Marx was engaged in a single enterprise throughout his works, specifically the (...) construction of a systematic and philosophical theory of society. Gould examines five basic themes of Marx's social ontology: society, labor, causality, freedom, and justice, in five separate chapters, preceded by an introductory chapter explicating thesis and methods. The book shows how Marx's ontology, or theory of social reality, may be reconstructed from concrete details of his account of the historical stages of social development and from his analyses and critiques of capitalist economy. It clarifies further the value theory underlying Marx's critique of modern society and explores the question of how philosophy can play a major role in understanding and resolving social issues. This book will be of interest to all students of society, since it raises issues of the relationship of technologies to society and of the forms and prospects for socialism as a possible future society. It has deliberately been written in a style that makes the difficult, technical issues accessible to undergraduates just beginning to read Marx, as well as, of course, graduate students of social theory and specialized scholars. The lay reader will also be drawn to the particular content of this book and will enjoy the lucid, straightforward presentation. Marx's Social Ontology proposes a solution to a long-standing problem in interpretations of Marx: the apparent dilemma of his insistence on the ideal of full self-realization of the individual and his equal insistence on the ideal of full self-realization of the community. This is a book of major significance dealing with topics of enduring and current interest. (shrink)

The mind cannot be an object. An object can be conceived only as that which may possibly become an object to something else. Now what can the mind become an object to? Not to me for I am it and not to something else. Not to something else without again being denuded of consciousness.And how could we descend into the depths of our nervous system to ascertain what is the nature of the psychical correlative of the physiological bottom? If we (...) could, we could only describe that correlative psychical in terms of object-consciousness, which would be a pseudo description of it.John Hughlings-Jackson.If Charles Scott Sherrington (1857-1952) was the most philosophically aware neurophysiologist of the late 19th to early 20th .. (shrink)

What is Justice? Classic and Contemporary Readings, 2/e, brings together many of the most prominent and influential writings on the topic of justice, providing an exceptionally comprehensive introduction to the subject. It places special emphasis on "social contract" theories of justice, both ancient and modern, culminating in the monumental work of John Rawls and various responses to his work. It also deals with questions of retributive justice and punishment, topics that are often excluded from other volumes on justice. This new (...) edition features expanded and updated readings on justice and punishment and includes more recent responses to John Rawls's work. Part One of the book features selections from classical sources including Homer, Plato, Aristotle, Aquinas, and Mencius, as well as excerpts from the Bible and the Koran. Part Two provides readings on the state of nature and the social contract, from Hobbes and Locke to Rawls, Nozick, Gauthier, and Baier. Part Three includes the Declaration of Independence and Amendments to the U.S. Constitution in addition to selections on property and social justice by Locke, Hume, Adam Smith, Engels, Marx, Mill, and several contemporary authors. Part Four offers a wide variety of readings on punishment, several of which address the death penalty. Part Five begins with selections from Rawls's work and includes responses from Dworkin, Nagel, Nozick, MacIntyre, Sandel, Walzer, Okin, and Rawls himself. Each selection is preceded by a brief introduction and each of the five parts opens with an introduction. The volume is further enhanced by a general introduction and an updated and extensive bibliography. Ideal for a wide variety of courses including social and political philosophy, ethics, philosophy of law, and contemporary moral problems, What Is Justice?, 2/e, does not assume any philosophical or specialized background. It is also engaging reading for anyone interested in justice. (shrink)

Aus dem Inhalt: Justice in General: E. Attwooll: Is the Idea of Justice Asymmetric? u C. L. Sheng: Injustice in Law Caused by Conflict between Equality and Equity u G. Barden: Approaches to Justice: The Economy and the State u C. Schmidt: The Concept of Justice in Economic Theory u M. Milde: Rawls, Pluralism and the Value of Contract Theory u J. Tasioulas: M. Walzer on Justice u L. Cedroni: An Ethological Approach to Law, Justice and the State uaR. Kevelson: (...) Justice as Artifice and Sign u A. Makolkin: Semiotics and Poeticity of Law and Justice u D. Ginev: Law and Morality from a Hermeneutic-Semiotic Perspective Rights in General: F. Viola: Personal Identity in the Human Rights Perspective u J.-R. Sieckmann: Justice and Rights u P. Comanducci: Justice and Rights u D. Wayand: Aboriginal Rights - Then and Now u M. Pavcnik: Argument der Grundrechte u D. B. Boersema: What's Wrong with Rights? u E. E. Dais: A Kantian Critique of Justice Holmes's Rights Theory Social and Environmental Rights: B. M. Baker: The Welfare State: Objectives, Subordinate Principles and Justifying Grounds u U. Penski: Zur Begruendung und Struktur sozialer Rechte u H. LaFolette: Two Forms of Paternalism u L. J. Mazor: Social Justice / Asocial Injustice u D. Wood: Constitutional Minimalism and the Discretionary Power of the Welfare State u u.a. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Virtue as "Likeness to God" in Plato and SenecaDaniel C. Russell (bio)In The Center Of Raphael's Famous Painting"The School of Athens," Plato stands pointing to the heavens, and Aristotle stands pointing to the ground; there stand, that is, the mystical Plato and the down-to-earth Aristotle. Although it oversimplifies, this depiction makes sense for the same reason that Aristotle continues to enjoy a presence in modern moral philosophy (...) that Plato does not: quite simply, Plato's ethics looks too fantastic. And Plato's ethics never looks more fantastic than in the claim that our highest good is to be like God.We find this view, in various forms, in the Phaedrus, Timaeus, Laws, Republic, and Theaetetus, as well as in the Phaedo and Philebus,1 and the ancient Platonist Alcinous in his Handbook of Platonism tells us that likeness to God () is Plato's "official" position on our final end.2 Nonetheless, this view receives very little press today: many philosophers are unaware of it; some have simply ignored it or dismissed it as an idle metaphor; and most of those who have taken it more seriously have also tended to find it too otherworldly to be of much relevance to us. This latter response is due in large measure to viewing likeness to God from the perspective of the ancient Neoplatonist Plotinus.3 But there is certainly no guarantee that Plotinus's perspective on likeness to God gives us an especially accurate reconstruction of Plato's view; indeed, the interpretation of this idea was a matter of considerable controversy among Neoplatonists, some of whom offered far less other-worldly interpretations than Plotinus's.4 [End Page 241]In any event, unraveling likeness to God in Plato requires a fresh approach that makes the greatest sense of it within Plato's larger moral philosophy. And in fact we find just such a promising understanding of likeness to God when we take a fresh look at it through Stoic lenses, and through the lens of Plato's Philebus: in both we find the idea that virtue is part of the divine realm right alongside the down-to-earth idea that virtue is rational activity in relation to the world as we find it. This is not to suppose that the Stoic conception of likeness to God is an interpretation of, or descended from, Plato's conception.5 It is simply that the Stoics also found it helpful to think of virtue as likeness to God, and it will be enough if the Stoic conception opens up the range of possibilities for understanding such an idea, allowing us to see philosophical alternatives that might take us some distance towards interpreting Plato, and that may have remained otherwise out of view. Such an understanding of the idea that virtue is likeness to God as we find in the Stoics, I argue, offers just this sort of promising and unexplored alternative in Platonism.One thing that is quite clear is that Plato means for likeness to God to offer us some insight into the nature of virtue. We see this in the Timaeus, where Plato offers a model of the three-part soul, in which mastery of the parts is justice (42 a-b) and happiness (90b-d), and is what likeness to God comes to (42b-d, 47a-c); clearly, then, the virtue in question is moral virtue. Rather curiously, Plato depicts this constitution of soul as a sort of motion which is of the same kind as the motion of the universe itself (90c-d):6 as the universe consists in orbits which are orderly and reconciled in their motion, so the human soul consists in the different orbits (44d) of reason, passion, and desire, which are out of harmony when we start life, but become more orderly as we mature (43a-44d). Although this is difficult talk, it is clearly meant to depict a self-mastery of the whole soul under [End Page 242] the leadership of reason (43a-44d), which is the same as justice, and which consists in the reconciliation of one's inner motions by reason (42b-d).7 Thus we "stabilize the... (shrink)

The concept of solidarity has recently come to prominence in the healthcare literature, addressing the motivation for taking seriously the shared vulnerabilities and medical needs of compatriots and for acting to help them meet these needs. In a recent book, Prainsack and Buyx take solidarity as a commitment to bear costs to assist others regarded as similar, with implications for governing health databases, personalized medicine, and organ donation. More broadly, solidarity has been understood normatively to call for ‘standing with’ or (...) assisting fellow community members and possibly also distant others in regard to their needs, whether for its own sake or in order to realize the demands of justice. I argue here that the understanding of solidarity in the existing bioethics literature is unduly restricted by not sufficiently theorizing the notion of structural (or systemic) injustice and its import for understanding solidarity. Extending traditional conceptions of labor and social movement solidarity, I contrast unitary solidarity within a given group with ‘networking solidarities’ across groups. I analyze the meaning of structural injustice and its significance for solidarity, including countering institutionally entrenched inequalities and economic exploitation. I then apply this broadened conception to healthcare, discussing structural problems with the U.S. insurance system and the solidarity movements addressing its deficiencies. I analyze some natural disasters and global health challenges that were aggravated by structural injustices, along with the solidarity movements they engendered. Finally, I revisit the questions of governing health databases and of personalized medicine with the enlarged conception of solidarity in view. (shrink)

Over the last ten years, „Theory U″, written by C.O. Scharmer in 2007, has earned broad international recognition. However, critical reviews of its grounding in social sciences and philosophy have been rare. After a brief introduction to Theory U this article examines its methodic approach in the context of its references to the universal history of Toynbee, and epistemological sources in the works of Nietzsche, Capra, Varela, Husserl, and Steiner. The investigation of Theory U’s historical and philosophical grounding comes (...) to the conclusion that it is evidently falling short of adequately capturing real world complexity and does not match widely accepted academic standards. Despite its evident deficiencies, Theory U deserves the merit of uniquely embracing non conventional schools of thought beyond the mainstream literature on leadership theories. (shrink)

An attempt to account for the shift in Plato's ethical views from the Socratic ideal of personal decision in the early Dialogues to the institutionalized morality of the Laws. The author's interpretations are fresh and illuminating, and his central thesis--that the shift in Plato's view is a function of a growing attention to the conditions, social and natural, imposed upon moral man by the actual world--is well-supported. One of the best features of Mr. Gould's work is his attempt to (...) recover something like the original senses of crucial Platonic terms. He is able to make much better sense of the Socratic "virtue is knowledge," for example, by interpreting, with considerable justification, ἐπιστήμη as technique rather than science, as a species of "knowing how" rather than of "knowing that."--V. C. C. (shrink)

Portion of the ancient Hindu epic, on fundamentals of the Vedanta school in Hindu philosophy.

There is no such thing as the cosmological argument. Rather, there are several arguments that all proceed from facts or alleged facts concerning causation, change, motion, contingency, or Hnitude in respect of the universe as a whole or processes within it. From them, and from general principles said to govern them, one is led to deduce or infer as highly probable the existence of a cause of the universe (as opposed, say, to a designer or a source of value). Such (...) arguments have a venerable history. A cosmological argument from heavenly motion to a ‘world soul’ is found in Plato’s Laws, bk. l0. This kind of argument is given extended elaboration and defense by Aristotle, both in the Physics (bks. 7-8) and the Metaphysics (hk. 12/lambda), where he argues for an ‘unmoved mover` from the existence of motion within the cosmos (again, primarily astronomical). Cosmological arguments abound in medieval Arabic philosophy. There are arguments to the existence of a necessary cause of the universe from the existence of contingent beings (due to the falsafa (‘philosophy’) scholars, a school heavily influenced by Greek thought) and arguments to the existence of a iirst cause of the universe from the temporal frnitude of the universe (due to the lcalarri (‘discourse’) scholars, a rival school of more traditional Qufanic theology) (Craig 1980: ch. 3). Defenders of the contingency argument include al-Farabi/Abu Nast (c.870—950), ibn Sina/Avicenna (980—lO3Y), and [bn Rushcl/Averroes (1i26e98). Supporters of what is now known as the kalam cosmological argument include al·lphilosophy, the figure standing head and shoulders above the rest is Rabbi Moses ben Maimon/Maimonides/Rambam (l 135/8—l204). He proposed an elaborate form of Aristotle’s unmoved or ‘prime’ mover argument, based on an Aristotelian conception of the motion of the heavens, concluding: ‘This Prime Motor of the sphere is God, praised be His name!’ (Maimonides l9$6: pt.. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Amicus BriefMartha C. Nussbaumii. summary of the argumentThis brief argues that the law requires reformation to protect our modern scientific and philosophical understanding that many animals can live their own meaningful lives and that the Court should reform the law in this case.1 Modern science demonstrates that elephants are complex beings that can form a conception of the self, as observed by Judge Fahey, form strong social and emotional (...) bonds among themselves and others, and that the Zoo's conduct harms Happy in both physical and intangible ways.Furthermore, this brief argues that the lower courts in Lavery I and II applied the wrong philosophical framework to the question of whether certain non-human animals should be considered legal persons. Instead of animal rights being based on the capacity to engage in a social contract and to bear legal duties, the proper framework for animal rights is the capabilities approach, which asks how the law can help animals like Happy not only live but thrive. Accordingly, this brief explains the importance of this appeal, the Court's opportunity to reform [End Page 15] the field of animal law, and the potential to release Happy from a life of captivity, ensuring she lives the rest of her life in a manner that respects her capabilities.iii. argument1. This Case Matters Because It Is Time to Reform the Law to Protect Our Modern Scientific and Philosophical Understanding That Many Animals Are Capable of Living Their Own Meaningful LivesModern science now recognizes a very important fact about many animals, including elephants. They are not merely biological units that simply need food and a suitable environment to survive and maintain a viable population. Today, scientists view many animals as beings capable of living their own meaningful lives. Early Indian and Roman cultures understood the complexity of animal lives and the implications of this complexity surrounding the humane treatment of animals; public awareness of this fact is widespread today. Almost all ancient Greek and Roman philosophical schools attributed complex forms of cognition and numerous emotions to animals,2 a precursor to our current laws against cruel practices to animals.What philosophy and, more recently, science have understood but the law has not, is that elephants are sentient beings who can feel emotion, foster relationships, create communities, and form a conception of the self. Our current legal system fails to respect species-specific, central capabilities. Although each of the fifty states has animal cruelty laws,3 these laws protect only a small number of animals and fail to constrain, to any meaningful extent, the widespread infliction of suffering. They ban only the intentional, purposeful suffering of some animals, and fail to recognize the impact that captivity, lack of relationships, and solitude cause a creature like Happy.This Court has the opportunity to create legal precedent that provides these living creatures the legal right to thrive and survive in ways that coincide with their specific capabilities, and prevent not only the infliction of physical pain, but emotional and psychological injury as well.2. The Magical Lives of ElephantsElephants are cognitive, complex creatures with distinct societies, emotions, and lives. They form societies that foster the wellbeing of each member, in which their emotions and development from childhood through adulthood are readily apparent.4 A combat staged between humans and elephants in 55 B.C. by the Roman leader Pompey paints a prime example of these complex emotions and connections with other animals, namely humans. Surrounded in the arena, the elephants perceived that they had no hope of escape. According to Pliny, the elephants then "entreated the crowd, trying to win its compassion with indescribable [End Page 16] gestures, bewailing their plight with a sort of lamentation."5 The audience, moved to pity and anger by their plight, rose to curse Pompey—feeling, wrote Cicero, that the elephants had a relation of commonality (societas) with humans.6 However, this connection with humans cannot be substituted for true, similar companionship from other elephants, which Happy has lacked for almost two decades.Elephants' ability to connect with other elephants and animals may be attributable to their long life spans; they are the most... (shrink)

This article is guided by principles and practices of bioethics and public health ethics focused on health care reform within the context of promoting Optimal Health. The Tuskegee University National Center for Bioethics in Research and Health Care is moving beyond the traditions of bioethics to incorporate public health ethics and Optimal Health. It is imperative to remember the legacy of the ill-fated research entitled Tuskegee Study of Untreated Syphilis in the Negro Male. Human participant research and health care must (...) be connected to principles of bioethics and public health ethics if the Affordable Care Act is expected to positively impact on the health of people living in the United States. Optimal Health describes a strategy to achieve individual and population health. Health care reform offers an opportunity to shift from the traditional pathology focus of managing diseases to target disease prevention and health promotion with a new set of tools. Transformational change is possible if the lessons learned from the U.S. Public Health Service Syphilis Study at Tuskegee are considered and strategies in bioethics and public heath ethics are employed. (shrink)

The legacy of colonial rule has permeated into all aspects of life and contributed to healthcare inequity. In response to the increased interest in social justice, medical educators are thinking of ways to decolonise education and produce doctors who can meet the complex needs of diverse populations. This paper aims to explore decolonising ideas of healing within medical education following recent events including the University College London Medical School’s Decolonising the Medical Curriculum public engagement event, the Wellcome Collection ’s (...) Ayurvedic Man: Encounters with Indian Medicine exhibition and its symposium on Decolonising Health, SOAS University of London’s Applying a Decolonial Lens to Research Structures, Norms and Practices in Higher Education Institutions and University College London Anthropology Department’s Flourishing Diversity Series. We investigate implications of ‘recentring’ displaced indigenous healing systems, medical pluralism and highlight the concept of cultural humility in medical training, which while challenging, may benefit patients. From a global health perspective, climate change debates and associated civil protests around the issues resonate with indigenous ideas of planetary health, which focus on the harmonious interconnection of the planet, the environment and human beings. Finally, we look further at its implications in clinical practice, addressing the background of inequality in healthcare among the BAME populations, intersectionality and an increasing recognition of the role of inter-generational trauma originating from the legacy of slavery. By analysing these theories and conversations that challenge the biomedical view of health, we conclude that encouraging healthcare educators and professionals to adopt a ‘ decolonising attitude ’ can address the complex power imbalances in health and further improve person-centred care. (shrink)

This study involved using a mixed method research design to examine the moral philosophy difference between the ethical decision-making process of CEOs in U.S.-led and non-U.S.-led within the luxury goods industry. The study employed a MANOVA to compare the ethical profiles between the two leader types and a phenomenological qualitative process to locate themes that give indication as to the compatibility of the luxury strategy values and practices with the principles and concepts of responsible leadership and conscious capitalism. As (...) the luxury goods industry is facing the first slowdown since 2000, pressure to achieve sales targets in the U.S. to make up for losses in other markets will place these CEOs under extreme pressure from their headquarters. These leaders must possess the ethical decision-making capability to balance legal and moral dilemmas unique to multinational luxury goods organizations while delivering business results in a challenging environment. Results of the study show no evidence of difference in the ethical decision-making profiles between the two groups of leaders. The themes and emergent findings resulting from the qualitative analysis indicate a profound incompatibility between the values informing decision-makers using the luxury strategy and those employed by leaders operating within the principles and parameters of responsible leadership and conscious capitalism. Recommendations for future research include replicating the study with a larger sample, within a different geographic region or comparing leaders using the luxury strategy to those using conscious capitalism. (shrink)

I present an account of classical genetics to challenge theory-biased approaches in the philosophy of science. Philosophers typically assume that scientific knowledge is ultimately structured by explanatory reasoning and that research programs in well-established sciences are organized around efforts to fill out a central theory and extend its explanatory range. In the case of classical genetics, philosophers assume that the knowledge was structured by T. H. Morgan’s theory of transmission and that research throughout the later 1920s, 30s, and 40s (...) was organized around efforts to further validate, develop, and extend this theory. I show that classical genetics was structured by an integration of explanatory reasoning and investigative strategies . The investigative strategies, which have been overlooked in historical and philosophical accounts, were as important as the so-called laws of Mendelian genetics. By the later 1920s, geneticists of the Morgan school were no longer organizing research around the goal of explaining inheritance patterns; rather, they were using genetics to investigate a range of biological phenomena that extended well beyond the explanatory domain of transmission theories. Theory-biased approaches in history and philosophy of science fail to reveal the overall structure of scientific knowledge and obscure the way it functions.Author Keywords: Investigation; Genetic approach; Structure of knowledge; Classical genetics. (shrink)

Le but de cette encyclopédie en deux volumes, rédigée à l’instigation du président Hoover, était d’exposer tous les aspects de la vie sociale américaine, dans le dessein bien arrêté de saisir les rapports existant entre les différentes sphères sociales et de déterminer les transformations qui se produisent au sein de la société. Ces transformations devaient non seulement être constatées, mais on voulait encore essayer de trouver leur tendance générale, leur „trend“, c’est-à-dire la loi qui les détermine. Dans une critique des (...) résultats et des méthodes de cette „expression collective de la recherche sociale aux États-Unis“, M. G. s’efforce de montrer qu’en dépit de l’ampleur considérable de l’ouvrage, qui est également, en quelque sorte, une encyclopédie de la société américaine, le but scientifique visé n’a pas été atteint, et qu’il ne pouvait pas l’être. En effet, la théorie d’Ogburn, qui est à la base de l’ouvrage, et d’après laquelle les crises sont dues à des disproportions dans la vitesse de développement des différentes régions sociales, est insuffisante. Elle présuppose un ordre social relativement stable, dans lequel les dérangements peuvent être considérés comme de simples oscillations autour d’un noyau sain en lui-même. Comme le phénomène fondamental, la crise économique, n’est pas traité, on renonce à reconnaître méthodiquement que tous les processus sociaux sont incontestablement influencés par les faits économiques. Une autre objection importante, illustrée par M. G. au moyen d’une série d’exemples, concerne la notion du „trend“, empruntée à l’étude de la conjoncture. Le „trend“ ne peut pas avoir une loi sociale adéquate, parce qu’il tend à transformer tous les rapports sociaux qualitatifs en rapports mathématico-statistiques de valeurs. Le système actuel de la société, avec ses multiples ramifications, ne pourra toutefois jamais être saisi à i’aide de méthodes uniquement quantitatives ; il exige au contraire, dans son ensemble, une interprétation dynamique de la société. Comme le „Report“ y a renoncé, son intention théorique devait nécessairement échouer. Plus encore : les propositions pratiques qu’il fait pour l’élimination des défauts de la société américaine n’arrivent pas à la racine du mal.The joint report written at the request of president Hoover undertakes to present every aspect of social life in America. It has more over the special purpose of comprehensing the inter-relationships between these separate social compartments, and determining what social changes are taking place. Not only are these changes to be ascertained but the attempt made to grasp their trend, or in other words, to grasp the law determining these changes. G. seeks to show in a criticism of the results and methods of this „collective expression of sociological research in the United States“, that notwithstanding the extraordinary experience these 40 leading social scientists could draw upon, and the admirable comprehensiveness of this work-indeed an encyclopedia of American social life-, the scientific aim was not achieved, and could not be achieved. This is due to the insufficiency of Ogburn’s theory which underlies the work, that phenomena of crisis are to be traced to the disproportionate rates of change of the various provinces of social life. It presupposes a relatively stable social order in which upheavals are felt as mere oscillations around an intrinsically firm nucleus. Because the fundamental phenomenon of the economic crisis is not considered, the Report dispenses with the approach to a methodological standpoint, according to which all social processes are decisively determined by economic processes. Another important objection, which G. illustrates by a series of examples relates to concept of the trend borrowed from the business cycle. This can in no way furnish a suitable social law, because it tends to resolve all qualitative social relationships into mathematical- statistical formulae. Present day society, with its manifold divisions, can never be understood by quantitative methods only, but presumes a dialectical point of view for social life as a whole, which is ever in a state of flux. Since such a theoretical aim vitiated, but even its practical proposals, which it puts forward to rectify the shortcomings of American social life, fail to touch the root of the evil. (shrink)

This article argues that Thomas Pogge's important theory of global justice does not adequately appreciate the relation between interactional and institutional accounts of human rights, along with the important normative role of care and solidarity in the context of globalization. It also suggests that more attention needs to be given critically to the actions of global corporations and positively to introducing democratic accountability into the institutions of global governance. The article goes on to present an alternative approach to global justice (...) based on a more robust conception of human rights grounded in a conception of equal positive freedom, in which these rights are seen to apply beyond the coercive political institutions to which Pogge primarily confines them (e.g. to prohibiting domestic violence), and in which they can guide the development of economic, social and political forms to enable their fulfillment. (shrink)

In order to graduate, Florida's high school students by law must learn that Communism is evil, dangerous, and fallacious. All students must learn that the U.S. produces the highest standard of living and more freedom than any other economic system on earth. State universities in Florida are creating a curriculum to implement the Americanism versus Communism Act of 1961 and the Free Enterprise and Consumer Education Act of 1975. ;The Florida Department of Education says that ideology, noncritical thinking, is (...) superior to critical thinking and that the superiority of the U.S. political economy and the dignity of the individual rest in part on peoples' being able to express themselves freely. ;Florida's A.V.C. and F.E.C.E.A. proponents have a special way of convincing audiences that they will develop loyalty while at the same time imposing a set of ideas not open to question. ;This work argues that, intentionally or not, Florida's legislature and Department of Education have set up an official ideology and the mechanism to purvey it. This ideological approach defeats the aim of comparing systems objectively. While the stated aim is to promote critical thinking, the D.O.E.'s special philosophy underscoring words like "democracy" results in indoctrinating students with a questionable description of the U.S. system. (shrink)