Leibniz’s first essay, his dissertation on the principle of individuality, is mainly dedicated to a critique of Duns Scotus’s explanation of individuation. Leibniz’s critique of Scotus and the historical antecedents of the German philosopher’s position have not been studied before. The paper examines Scotus’s and Leibniz’s views on individuation and sheds some light on the doctrinal genealogy that leads up to Leibniz’s position. I argue that Leibniz’s view and his critique of Scotus depend upon William of Ockham and Francis (...) Suárez. Ockham, Suárez, and Leibniz posit that individuals are such by themselves or by their entire entity, rather than by an entity that is only a part of their being (as Scotus’s ‘haecceity’). Furthermore, all three take issue with Scotus’s view for the same reason, i.e. because they reject the formal distinction, a key assumption in Scotus’s account of individuation. (shrink)

Over twenty years have passed since JLME published “The Girl Who Cried Pain: A Bias Against Women in the Treatment of Pain.” This article revisits the conclusions drawn in that piece and explores what we have learned in the last two decades regarding the experience of men and women who have chronic pain and whether women continue to be treated less aggressively for their pain than men.

In 2006, the University of Maryland Carey School of Law had the privilege of co-hosting the annual Health Law Professors Conference with the American Society of Law, Medicine & Ethics (ASLME). Coincidentally, as director of the Law & Health Care Program at Maryland, I had the opportunity to announce the winner of the Jay Healey Health Law Teachers’ Award at the conference. The award is given to “professors who have devoted a significant portion of their career to health law teaching (...) and whose selection would honor Jay [Healey’s] legacy through their passion for teaching health law, their mentoring of students and/or other faculty and by their being an inspiration to colleagues and students.”1 Healey, a Professor in the Humanities Department at the University of Connecticut School of Medicine, was the youngest recipient of the Society’s Health Law Teachers’ Award, which he received in 1990. He was passionate about teaching and had the idea to devote a session each year at the annual conference to teaching health law. It was always a plenary session at which he challenged us to be better teachers. Jay died in 1993, at the age of 46, not long after the Health Law Teachers conference that year, which he attended and which also happened to be held in Baltimore at the University of Maryland School of Law. Thereafter, the award was given in his name. (shrink)

In _The Fragility of Things_, eminent theorist William E. Connolly focuses on several self-organizing ecologies that help to constitute our world. These interacting geological, biological, and climate systems, some of which harbor creative capacities, are depreciated by that brand of neoliberalism that confines self-organization to economic markets and equates the latter with impersonal rationality. Neoliberal practice thus fails to address the fragilities it exacerbates. Engaging a diverse range of thinkers, from Friedrich Hayek, Michel Foucault, Hesiod, and Immanuel Kant to (...) Voltaire, Terrence Deacon, Friedrich Nietzsche, and Alfred North Whitehead, Connolly brings the sense of fragility alive as he rethinks the idea of freedom. Urging the Left not to abandon the state but to reclaim it, he also explores scales of politics below and beyond the state. The contemporary response to fragility requires a militant pluralist assemblage composed of those sharing affinities of spirituality across differences of creed, class, gender, sexual orientation, and ethnicity. (shrink)

This study examines the effects of ethical pressure on management accountants' perceptions of organizational-professional conflict, and related work outcomes. It was hypothesized that organizational pressure to engage in unethical behavior would increase perceived organizational-professional conflict, and that this perceived conflict would reduce organizational commitment and job satisfaction, and increase the likelihood of employee turnover. A survey was mailed to a random sample of Certified Management Accountants to assess perceptions of the relevant variables. The results of a structural equations model indicated (...) that, as hypothesized, ethical pressure was associated with higher levels of perceived organizational-professional conflict. Also as hypothesized, higher levels of conflict were associated with lower levels of organizational commitment and job satisfaction. Finally, lower levels of commitment and satisfaction were associated with higher turnover intentions. (shrink)

This study examines the effects of nationality (U.S. vs. China) and personal values on managers’ responses to the Perceived Role of Ethics and Social Responsibility (PRESOR) scale. Evidence that China’s transition to a socialist market economy has led to widespread business corruption, led us to hypothesize that People’s Republic of China (PRC) managers would believe less strongly in the importance of ethical and socially responsible business conduct. We also hypothesized that after controlling for national differences, managers’ personal values (more specifically, (...) self-transcendence values) would have a significant impact on PRESOR responses. The hypotheses were tested using a sample of practicing managers enrolled in part-time MBA programs in the two countries. The results indicate that nationality did not have a consistent impact on PRESOR responses. After controlling for national differences, self-transcendence values had a significant positive impact on two of the three PRESOR dimensions. Conservation values such as conformity and tradition also had a significant association with certain dimensions of the PRESOR scale. (shrink)

To be ashamed of one's immorality—that is a step on the staircase at whose end one is also ashamed of one's morality. Friedrich Nietzsche.

There has been recent interest in the hypothesis that we can directly perceive some of each other’s mental features. One popular strategy for defending that hypothesis is to claim that some mental features are embodied in a way that makes them available to perception. Here I argue that this view would imply a particular limit on the kinds of mental feature that would be perceptible (§2). I sketch reasons for thinking that the view is not yet well-motivated (§3). And I (...) present an alternative, epistemological strategy (§4). The epistemological strategy is to discern which features of our environment are perceptible by reflection on our capacity to identify them. If the epistemological strategy is accepted it becomes plausible that we sometimes directly perceive some of each other’s mental features. But it becomes implausible to suppose that our perceptual access is limited in the way the embodied view would imply. I end by sketching reasons to think that we sometimes directly perceive each other’s desires (§5). (shrink)

One of the most vivid aspects of consciousness is the experience of emotion, yet this topic is given relatively little attention within consciousness studies. Emotions are crucial, for they provide quick and motivating assessments of value, without which action would be misdirected or absent. Emotions also involve linkages between phenomenal and intentional consciousness. This paper examines emotional consciousness from the standpoint of the representational theory of consciousness . Two interesting developments spring from this. The first is the need for the (...) representation of value, which is distinctive of emotional experience. The second is an extension of RTC’s theory of introspection to emotional states, revealing why emotional consciousness is so often introspective even though introspective abilities are not needed to experience emotions, and also explaining why introspection of emotional states is so much less reliable than that of other states of consciousness. (shrink)

Hegel's Laws serves as an accessible introduction to Hegel's ideas on the nature of law. In this book, William Conklin examines whether state-centric domestic and international laws are binding upon autonomous individuals. The author also explores why Hegel assumes that this arrangement is more civilized than living in a stateless culture. The book takes the reader through different structures of legal consciousness, from the private law of property, contract, and crimes to intentionality, the family, the role of the state, (...) and international law. -/- Conklin clearly introduces Hegel's vocabulary and contrasts Hegel's issues and arguments with leading contemporary legal philosophers. The book's originality and interdisciplinary focus open up Hegel's legal philosophy, providing a background to forms of legal consciousness for a wide audience. Addressing whether Hegel succeeds in his endeavor to explain why laws are binding, Conklin comments directly on contemporary constitutional and international law and reveals how Hegel's ideas on law stand up in the world today. (shrink)

Scholarly and political interest in the controversial 20th Century German thinker Carl Schmitt has exploded in the last twenty years. This volume, focusing directly on Schmitt’s complex ideas about law, situates his views within broader debates about the rule of law and its fate, taking seriously his Nazi-era political and legal writings.

How does the experience of busyness impact democratic political life? My hunch is that those reading this essay might very well offer the following answer: busyness means that we relegate political activities to the bottom of a long and sometimes tedious laundry list of “things to get done.” In fact, many of us no longer even bother to include the basic activities of citizenship –getting informed about the issues, deliberating with our peers about matters of common concern, attending a political (...) meeting, or even voting —on the list in the first place. Like this author, many of you probably feel somewhat guilty about this as well, and thus try to compensate in some way or another… At worst, busyness generates political disinterest and apathy: many of our fellow citizens openly describe the most fundamental form of democratic participation, the vote, as “a waste of time.” At best, it seems to privilege an acceleration of political activity: we seek speedy and rapidly consummated types of involvement that do not unduly add to the enormous time pressures we already feel. Unfortunately, it remains unclear whether even such high-speed forms of citizen involvement are normatively satisfactory. Can liberal democracy flourish when a growing number of us avoid the responsibilities of citizenship altogether, while even those of us who try to remain politically involved insist that they be dealt with quickly and painlessly? In this essay, I hope at the very least to deepen our understanding of this quagmire. If I am not mistaken, it provides a useful starting point for examining one of the core challenges of contemporary political life: how can we make sure that busyness and citizenship coexist in a potentially fruitful, though by no means necessarily harmonious, relationship? (shrink)

This is the first full-length study in English of twentieth-century Germany's most influential authoritarian right-wing political theorist, Carl Schmitt, that focuses on the central place of his attack on the liberal rule of law. This is also the first book in any language to devote substantial attention to Schmitt's subterranean influence on some of the most important voices in political thought in the United States after 1945.

This paper examines fraudulent financial reporting within the context of Jones' (1991) ethical decision making model. It was hypothesized that quantitative materiality would influence judgments of the ethical acceptability of fraud, and that both materiality and financial risk would affect the likelihood of committing fraud. The results, based on a study of CPAs employed as senior executives, provide partial support for the hypotheses. Contrary to expectations, quantitative materiality did not influence ethical judgments. ANCOVA results based on participants' estimates of the (...) likelihood that a "typical CPA" would manipulate reported results indicated that both materiality and risk significantly influenced the likelihood of fraud, but that the perceived morality of the action did not. In contrast, results based on participants' self-reported behavior indicated that materiality and the perceived morality of the action would influence the likelihood of fraud, but that financial risk would not. Regardless of the measure used for the likelihood of fraud, the results indicate that financial executives continue to be influenced by quantitative materiality when misstatements are clearly material on qualitative grounds. (shrink)

William Whewell is considered one of the most important nineteenth-century British philosophers of science and a contributor to modern philosophical thought, particularly regarding the problem of induction and the logic of discovery. In this volume, Robert E. Butts offers selections from Whewell's most important writings, and analysis of counter-claims to his philosophy.

In this new installation of his work, William E. Connolly examines entanglements between volatile earth processes and emerging cultural practices. He highlights relays between extractive capitalism, self-amplifying climate processes, migrations, democratic aspirations, and fascist dangers. In three interwoven essays, Connolly takes up thinkers in the "minor tradition" of European thought who, unlike Cartesians and Kantians, cross divisions between nature and culture. He first offers readings of Sophocles and Mary Shelley, asking whether close attention to the Anthropocene could perhaps have (...) arrived earlier had later humanists absorbed their lessons. He then joins Deleuze and Guattari's notion of an abstract machine with contemporary earth sciences, doing so to compare the Antique Little Ice Age in late Rome to relays today between extractive capitalism and accelerating climate processes. The final essay stages a dialogue between Alfred North Whitehead and Michel Foucault about the pursuit of truth during a time of planetary turbulence. With _Climate Machines, Fascist Drives, and Truth_, Connolly forges incisive interventions into key issues of our time. (shrink)

The distinction between killing and letting die has been a controversial element in arguments about the morality of euthanasia and physician-assisted suicide. The killing/letting die distinction is based on causation of death. However, a number of causal factors come into play in any death; it is impossible to state a complete cause of death. I argue that John Mackie’s analysis of causation in terms of ‘inus factors,’ insufficient but nonredundant parts of unnecessary but sufficient conditions, helps us to see that (...) moral responsibility for death cannot rest on causation alone. In specifying the cause of death, some factors can be considered alternatively as either causal factors or merely parts of the presupposed background conditions. If a factor is moved from the background field into the causal field, the result is a changed background field. Comparisons of cases of killing and letting die often do just this; hence, the cases depend on different presuppositions and the causation cannot be directly compared. Moral judgments determine how to apportion factors to the causal and background fields. (shrink)

1. The Problem. The purpose of this paper is twofold. One aim is to examine briefly the criteria basic to the notions of the culture area and the language area; the second is to indicate a method which would allow for the construction of systems which could profitably be compared and held correlate in any problem involving, on the historical level, the development and diffusion of cultural and linguistic patterns, and, on the synchronic level, the precise nature of that complex (...) of human behavior patterns, linguistic and non-linguistic, which is characteristic of man in society. (shrink)

Here is the crucial passage from Proslogion II.

William E. Connolly’s writings have pushed the leading edge of political theory, first in North America and then in Europe as well, for more than two decades now. This book draws on his numerous influential books and articles to provide a coherent and comprehensive overview of his significant contribution to the field of political theory. The book focuses in particular on three key areas of his thinking: Democracy: his work in democratic theory - through his critical challenges to the (...) traditions of Rawlsian theories of justice and Habermasian theories of deliberative democracy - has spurred the creation of a fertile and powerful new literature Pluralism - Connolly's work utterly transformed the terrain of the field by helping to resignify pluralism: from a conservative theory of order based on the status quo into a radical theory of democratic contestation based on a progressive political vision The Terms of Political Theory - Connolly has changed the language in which Anglo-American political theory is spoken, and entirely shuffled the pack with which political theorists work. (shrink)

William E. Stempsey, S.J.; Institutional Identity and Roman Catholic Hospitals, Christian bioethics: Non-Ecumenical Studies in Medical Morality, Volume 7, Issue.

Kenneth Westphal, in his “Hegel, Natural Law & Moral Constructivism,” offers an argument to the effect that Hegel elaborated a theory of natural law. Westphal contrasts such a natural law with positivism. Such a contrast holds out an either-or prospect: either Hegel is a legal positivist or he is a natural law thinker. I ask whether it is possible that Hegel elaborated a third theory of law other than that of positivism or of natural law. In addressing this possibility, I (...) first raise a problem in Westphal’s adoption of Hegel’s regressive argument. The ultimate justification, according to Westphal, is an a priori concept: namely, the equal rational will. I then exemplify the importance of the problem when a constitutional lawyer identifies intermediate principles justifiable with reference to such a final referent of justification. The problem raises the prospect that Hegel’s theory of law has elements of both natural law and positivist law. Section 3 highlights the need to situate any natural law claim in the particular ethos of the movement of legal consciousness through the experience of time. (shrink)

Philosophical tradition sharply distinguishes the conditions under which belief and action are reasonable. This dissertation examines one attempt to sustain this division, namely, the Humean analysis of practical reasons. The Humean analysis divides practical reasons into end and means. The former concerns what one should pursue as goal. The latter, what one should do to realize one's ends. Humeans argue that end reasons are not subject to the conditions of reasonable belief. Since end reasons pick out what has value for (...) an agent, Humeans contend that what makes life meaningful lies largely outside epistemic criteria. I find that Humeans base this claim on two distinct arguments. Each assumes that end reasons are unfit for epistemic appraisal because they lack some feature owned by psychological states suited to epistemic appraisal. A psychological state is fit for epistemic assessment only if its attitude ascribes a truth value to its content and its content owns a truth value. I examine the first conjunct. Regarding , Humeans argue that all genuine end reasons move their agents and, thus, these reasons are wants or take wants as components, since desire is the only source of agent-motivation. But in desiring that p, one does not ascribe a truth-value to p. Thus, end reasons lie outside epistemic criteria, assuming that only those psychological states whose attitude ascribes a truth value to its content are fit for epistemic assessment. Among those who claim that end reasons are a type of conative psychological state in that all genuine end reasons must move their agents are: R. M. Hare, P. H. Nowell-Smith, Gilbert Harman, Donald Davidson, B. A. O. Williams, and Daniel Dennett. I argue that this appeal to motivation fails by examining when an actor is an agent, finding that these conditions do not require that all genuine end reasons motivate. I add that rational failings, such as weakness of will, strongly suggest that not all genuine end reasons motivate. I conclude that end reasons are best conceived as a type of belief and, thus, these reasons do not lie outside epistemic assessment due to their psychological attitude. (shrink)

. A Christian seminary supports the study of religion andscience, in order to relate its faith to people living in scientificallyoriented cultures. It invites the scientific and university com‐munities to join in developing a model for dialogue that may be abasis for more ecumenical efforts at relating religion and science, so as to ease tensions between religious communities. The workpioneered by the Center for Advanced Study in Religion andScience and by Zygon is giving rise to new enterprises, including thecoming establishment (...) of a Center for the Study of Faith andScience at the Lutheran School of Theology at Chicago. (shrink)

This paper explores the role of religious belief in public debate about physician-assisted dying and argues that the role is essential because any discussion about the way we die raises the deepest questions about the meaning of human life and death. For religious people, such questions are essentially religious ones, even when the religious elements are framed in secular political or philosophical language. The paper begins by reviewing some of the empirical data about religious belief and practice in the United (...) States and Europe. It then explores the question of the proper role of religion in public policy debate and concludes with a discussion of the importance of religion and religious practices in considerations of how we die. (shrink)