This book discusses the justifications and limits of cultural nationalism from a liberal perspective. Chaim Gans presents a normative typology of nationalist ideologies, distinguishing between cultural liberal nationalism and statist liberal nationalism. Statist nationalisms argue that states have an interest in the cultural homogeneity of their citizenries. Cultural nationalisms argue that people have interests in adhering to their cultures and in sustaining these cultures for generations. Gans argues that freedom- and identity-based justifications for cultural nationalism common in (...) literature can only support the adherence thesis, while the historical thesis could only be justified by the interest people have in the long-term endurance of their personal and group endeavors. The Limits of Nationalism examines demands often made in the name of cultural nationalism, such as claims for national self-determination, historical rights claims to territories and demands entailed by cultural particularism as opposed to cultural cosmopolitanism. (shrink)

According to cultural nationalism, members of groups sharing a common history and societal culture have a fundamental, morally significant interest in adhering to their culture and in sustaining it for generations. Moreover, this interest should be protected by states. I shall examine three theses included in this statement. The first, theadherence thesis,relates to the basic interest people have in adhering to their national culture. The second thesis ishistorical.It concerns the basic interest people have in recognizing and protecting the multigenerational dimension (...) of their culture. The third thesis, apoliticalone, holds that the interests people have in living their lives within their culture and in sustaining this culture for generations should be protected politically. Some contemporary writers who support a liberal version of cultural nationalism do so by arguing that people have an interest in culture mainly because it is a prerequisite for their freedom and also because it is a component of their identity. (shrink)

The legitimacy of the Zionist project--establishing a Jewish homeland in Palestine--has been questioned since its inception. In recent years, the voices challenging the legitimacy of the State of Israel have become even louder. Chaim Gans examines these doubts and presents an in-depth, evenhanded philosophical analysis of the justice of Zionism.

This book examines the central questions concerning the duty to obey the law: the meaning of this duty; whether and where it should be acknowledged; and whether and when it should be disregarded. Many contemporary philosophers deny the very existence of this duty, but take a cautious stance toward political disobedience. This 'toothless anarchism', Professor Gans argues, should be discarded in favour of a converse position confirming the existence of a duty to obey the law which can be outweighed (...) by values and principles of political morality. Informed by the Israeli experience of political disobedience motivated by radically differing moral outlooks, the author sets out the principles which should guide our attitude to law and political authority even amidst clashing ideologies and irreconcilable moralities. This book will be of interest to students and scholars of law, philosophy and politics, and anyone concerned with the individual's responsibilties toward his or her political community. (shrink)

Can states' immigration policies favor groups with whom they are culturally and historically tied? I shall answer this question here positively, but in a qualified manner. My arguments in support of this answer will be of distributive justice, presupposing a globalist rather than a localist approach to justice. They will be based on a version of liberal nationalism according to which individuals can have fundamental interests in their national culture, interests which are rooted in freedom, identity, and especially in ensuring (...) the meaningfulness of their endeavor. The prevalent means for protecting these interests is the right to national self-determination. Many believe that this right should be conceived of as a right to a state. I shall show that this conception of self-determination implies purely nationalist immigration policies. I shall present reasons for rejecting such policies, reasons which together with other reasons form a strong case against the statist interpretation of the right to self-determination. They form a strong case in favor of understanding self-determination as a bundle of privileges to which nations are entitled within the states dominating their homelands. Some of these privileges have to do with immigration policies. I shall argue for three principles which should regulate these immigration privileges and discuss the relation between them and Israel's Law of Return. (shrink)

The right of national groups to self-government should be universally conceived of in sub-statist forms. Instead of interpreting the right to national self-determination in terms of independent statehood, it should in all cases be conceived of as a package of privileges to which each national group is entitled in its main geographic location, normally within the state that coincides with its homeland. According to this sub-statist conception, self-determination is not a right of majority nations within states vis-a-vis national minorities, but (...) rather a right of homeland groups vis-a-vis non-homeland groups. It is a right to which each national group in the world is entitled, and which must be realized in at least one place. (shrink)

The interest individuals have in the preservation of their culture raises various difficulties pertaining to the meaning of this interest, its justification, and its normative implications. In this Paper, I wish to make several comments on these issues and the relationships between them. I will discuss the meaning of the interest individuals have in the preservation of their culture and the justification of this interest by referring to Margalit and Halbertal’s article “Liberalism and the Right to Culture.” I will then (...) comment on the classification of cultural preservation rights by referring to Kymlicka’s notions of poly-ethnic rights, self-government rights and representation rights. I will conclude with questions concerning the justification of some particular rights to cultural preservation by resorting to Brian Barry’s discussion of Québec language rights and some examples of Israel’s immigration policies. (shrink)

It may be that the appropriate demographic objective of Israel as a country in which the Jewish people realize their right to self-determination is the existence of a Jewish public in Israel in numbers sufficient to allow its members to live in the framework of their culture. It may also be that the appropriate demographic objective of Israel should be the existence of a Jewish majority within it. While I discussed this issue elsewhere; here I discuss the legitimate means for (...) the realization of these goals. Israel’s principal means for realizing these objectives thus far has been its Law of Return and its Citizenship Law. These laws afford every Jew anywhere in the world the right to immigrate to Israel and become a citizen of the State of Israel. Many liberals and left-wingers consider these laws to be tainted with racism, because they regard any nationally-based preference with regard to immigration to be a form of racism. In the first part of my paper I argue against this position. I offer three justifications for nationality-based preferences in immigration. However, the fact that nationality-based priorities in immigration are not necessarily racist and that there are legitimate human interests justifying such priorities, does not entail that the specific priorities manifested by Israel’s Law of Return and its other immigration and citizenship policies are just. These policies in effect mean that all Jews and only Jews have the right to immigrate to Israel and to become fully integrated in Israeli life. In the second part of the paper, I argue that these two aspects of Israel’s immigration policies, namely, its almost categorical inclusion of all Jews and its almost categorical exclusion of all non-Jews, are somewhat problematic. In addition to the Law of Return, a number of additional ways to ultimately increase the number of Jews in relation to the number of Arabs have been proposed and even adopted in Israel in recent years. During the incumbency of the fifteenth Knesset, right-wing Member of Knesset Michael Kleiner tabled a draft bill intended “to encourage people that do not identify with the Jewish character of the state [i.e., Palestinian citizens of Israel C.G.] to leave.” The Israeli Government later tabled a bill—that was eventually passed—to amend the Israeli Citizenship Law in a manner that would deny Arabs who are Israeli citizens and have married Palestinian residents of the Occupied Territories the right to live in Israel with their spouses and children. In the third part of the paper, I clarify why in contrast to granting Jews priority in immigration, both the aforementioned laws, namely, Kleiner’s law and the law pertaining to family unification are racist and are therefore morally unacceptable. (shrink)

According to cultural nationalism, members of groups sharing a common history and societal culture have a fundamental, morally significant interest in adhering to their culture and in sustaining it for generations. Moreover, this interest should be protected by states. I shall examine three theses included in this statement. The first, theadherence thesis,relates to the basic interest people have in adhering to their national culture. The second thesis ishistorical.It concerns the basic interest people have in recognizing and protecting the multigenerational dimension (...) of their culture. The third thesis, apoliticalone, holds that the interests people have in living their lives within their culture and in sustaining this culture for generations should be protected politically. Some contemporary writers who support a liberal version of cultural nationalism do so by arguing that people have an interest in culture mainly because it is a prerequisite for their freedom and also because it is a component of their identity. (shrink)

Supporters of a Palestinian right of return assume that Israeli Jews bear responsibility for both the past and present suffering of the Palestinian refugees. Accordingly, the Palestinian claim for return is a demand to realize this responsibility by way of the return of the refugees to their places of origin or to uninhabited regions in the Land of Israel/palestine. The purpose of this article is to examine the responsibility of the Israeli Jews for the Palestinian return of the refugees in (...) light of the question of the justice of Zionism. Part I presents various approaches rejecting or affirming Zionism. The subsequent parts investigate the implications of the disparities between these approaches rejecting/affirming Zionism and Zionism’s actual history as it unfolded in terms of Jewish responsibility for the Palestinian plight and the question of Palestinian return. I argue that some of the approaches to Zionism are irrelevant to the dispute over the Palestinian right of return as it is understood within the framework of Israeli internal discourse and the Israeli-Palestinian dialogue. However, my main point is that those approaches rejecting/ affirming Zionism that are relevant, though they may vary in their implications for the scope of Jewish responsibility for Palestinian suffering, nevertheless lead to very similar conclusions with respect to discharging that responsibility by way of Palestinian repatriation. (shrink)

This book comprises a series of studies devoted to an analytic examination of reasoning in the field of conduct. The first is analysis of the idea of justice undertaken in a spirit of positivism; the series continues in a different vein necessitated by compelling obligation the author found himself under to work out a logic of value judgments. This logic is in fact the Rhetoric and Topics of antiquity: the author's "Traité de l' Argumentation gave this new life, and the (...) present work demonstrates its philosophical importance. (shrink)

Combining ethnographic, semiotic, and performative approaches, this book examines texts and accompanying acts of writing of national commemoration. The commemorative visitor book is viewed as a mobilized stage, a communication medium, where visitors' public performances are presented, and where acts of participation are authored and composed. The study contextualizes the visitor book within the material and ideological environment where it is positioned and where it functions. The semiotics of commemoration are mirrored in the visitor book, which functions as a participatory (...) platform that becomes an extension of the commemorative spaces in the museum. The study addresses tourists' and visitors' texts, i.e. the commemorative entries in the book, which are succinct dialogical utterances. Through these public performances, individuals and groups of visitors align and affiliate with a larger imagined national community. Reading the entries allows a unique perspective on communication practices and processes, and vividly illustrates such concepts as genre, voice, addressivity, indexicality, and the very acts of writing and reading. The book's many entries tell stories of affirming, but also resisting the narrative tenets of Zionist national identity, and they illustrate the politics of gender and ethnicity in Israel society. The book presents many ethnographic observations and interviews, which were done both with the management of the site, and with the visitors themselves. The observations shed light on processes and practices involved in writing and reading, and on how visitors decide on what to write and how they collaborate on drafting their entries. The interviews with the site's management also illuminate the commemoration projects, and how museums and exhibitions are staged and managed. (shrink)

Substantial research demonstrates that ethical leaders improve a broad range of outcomes for their employees, but considerably less attention has been devoted to the performance and success of the leaders themselves. The present study explores the extent to which being ethical relates to leaders’ performance and promotability. We address this question by examining ethical leadership from the two ethical perspectives most common in Western traditions—i.e., the “right” and the “good”—and whether one might be more closely associated than the other with (...) performance and promotability evaluations. Results from 117 employee-supervisor-manager triads show that supervisors with a deontological outlook are more likely to be seen as ethical leaders and that utilitarian leaders are more likely to earn higher performance evaluations. We discuss the implications of these findings for research on ethical leadership. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Literature 25.1 (2001) 14-30 [Access article in PDF] Mallarmé Contra Wagner Eric Gans I In early 1885, Edouard Dujardin wrote to Stéphane Mallarmé for a contribution to his newly founded Revue wagnérienne. Mallarmé, admitting that he had never seen--and perhaps never heard--anything of Wagner, replied to Dujardin in July that he was working on a "half article, half prose poem," and that "never has anything seemed (...) to me more difficult." 1 A month later, the Revue published a text, more prose poem than article, entitled "Richard Wagner, rêverie d'un poète français." 2Wagner was an increasingly obligatory reference for the French avant-garde after his death in 1883. But as far back as 1862, the 20-year-old Mallarmé, no doubt influenced by Baudelaire's enthusiastic groundbreaking article "Richard Wagner et Tannhäuser à Paris" of the year before, had included Wagner along with Mozart and Beethoven in a group of three creators of the "mystery" of music, in a brief article entitled "Artistic Heresies: Art for Everyone." Characteristically enough, what fascinated the young Mallarmé was not music itself so much as the "signes sévères, chastes, inconnus" ("severe, chaste, unknown signs") (OC, p. 257) with which it was written, which give music the advantage over poetry--written in the universally understood alphabet--of being inaccessible to the uninitiated. This characteristic emphasis on writing over sound reappears in the "Hommage" sonnet for Wagner published in Dujardin's journal in January 1886, where Wagner's music is described as "mal tu par l'encre même en sanglots sibyllins" ("badly silenced by the ink itself in Sibylline sobs") (OC, p. 71). As we shall see, however, the relation between music and poetry suggested in "Art for Everyone" had by then been reversed. [End Page 14]Unlike most of his circle, Mallarmé was no Wagnerite; his "Rêverie," like his sonnet, expresses reluctant praise and reflects a certain professional jealousy. The theater had long been Mallarmé's chief preoccupation, as it had been for so many nineteenth-century writers who would be forced to make their reputation in other genres. The unfinished poem "Hérodiade," which occupied him throughout his life, took the form of a drama, and an early version of the "Après-midi d'un faune" had actually been presented to a theater director. References to music in Mallarmé's writings increase in number and specificity after 1885, and it is not unreasonable to assume that for him the prime representative of "music" in this period was Wagner. However much Mallarmé's own theater had become internalized and idealized, Wagner's theatrical success, as well as his near-deification by friends and disciples like Dujardin or Villiers de l'Isle-Adam, could not leave the poet indifferent. II What I would like to explore, however, is something more fundamental than the personal equation. Mallarmé's rivalry with Wagner over the theatrical center of culture is the rivalry of two arts and their respective means. What makes Mallarmé's critique of Wagner of particular interest is the exemplary rigor of the former's artistic intentions. Mallarmé's poems are a series of attempts to produce literary form with a minimum of figural content. Each poem has been submitted, so to speak, to Ockham's razor. The ultimate aim of this labor may be described as the discovery of the originary scene of poetry itself, the minimal sine qua non of representation, and therefore of humanity. 3 On the contrary, Wagner did not shrink from saturating the figural imagination in the pursuit of his totalizing aims. The confrontation reveals that musical maximalism in the service of national myth becomes a threat to what we may call, from Mallarmé's minimalist perspective, the anthropological mission of true art.Mallarmé held no particular brief for the theater of words; his tastes in performance went rather to the ballet, or to the mime-show, the subject of one of his most aesthetically interesting reflections. 4 Mallarmé anticipated 20th-century dramaturgy in seeing the theater not as a place for ratiocination and... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Literature 25.1 (2001) 14-30 [Access article in PDF] Mallarmé Contra Wagner Eric Gans I In early 1885, Edouard Dujardin wrote to Stéphane Mallarmé for a contribution to his newly founded Revue wagnérienne. Mallarmé, admitting that he had never seen--and perhaps never heard--anything of Wagner, replied to Dujardin in July that he was working on a "half article, half prose poem," and that "never has anything seemed (...) to me more difficult." 1 A month later, the Revue published a text, more prose poem than article, entitled "Richard Wagner, rêverie d'un poète français." 2Wagner was an increasingly obligatory reference for the French avant-garde after his death in 1883. But as far back as 1862, the 20-year-old Mallarmé, no doubt influenced by Baudelaire's enthusiastic groundbreaking article "Richard Wagner et Tannhäuser à Paris" of the year before, had included Wagner along with Mozart and Beethoven in a group of three creators of the "mystery" of music, in a brief article entitled "Artistic Heresies: Art for Everyone." Characteristically enough, what fascinated the young Mallarmé was not music itself so much as the "signes sévères, chastes, inconnus" ("severe, chaste, unknown signs") (OC, p. 257) with which it was written, which give music the advantage over poetry--written in the universally understood alphabet--of being inaccessible to the uninitiated. This characteristic emphasis on writing over sound reappears in the "Hommage" sonnet for Wagner published in Dujardin's journal in January 1886, where Wagner's music is described as "mal tu par l'encre même en sanglots sibyllins" ("badly silenced by the ink itself in Sibylline sobs") (OC, p. 71). As we shall see, however, the relation between music and poetry suggested in "Art for Everyone" had by then been reversed. [End Page 14]Unlike most of his circle, Mallarmé was no Wagnerite; his "Rêverie," like his sonnet, expresses reluctant praise and reflects a certain professional jealousy. The theater had long been Mallarmé's chief preoccupation, as it had been for so many nineteenth-century writers who would be forced to make their reputation in other genres. The unfinished poem "Hérodiade," which occupied him throughout his life, took the form of a drama, and an early version of the "Après-midi d'un faune" had actually been presented to a theater director. References to music in Mallarmé's writings increase in number and specificity after 1885, and it is not unreasonable to assume that for him the prime representative of "music" in this period was Wagner. However much Mallarmé's own theater had become internalized and idealized, Wagner's theatrical success, as well as his near-deification by friends and disciples like Dujardin or Villiers de l'Isle-Adam, could not leave the poet indifferent. II What I would like to explore, however, is something more fundamental than the personal equation. Mallarmé's rivalry with Wagner over the theatrical center of culture is the rivalry of two arts and their respective means. What makes Mallarmé's critique of Wagner of particular interest is the exemplary rigor of the former's artistic intentions. Mallarmé's poems are a series of attempts to produce literary form with a minimum of figural content. Each poem has been submitted, so to speak, to Ockham's razor. The ultimate aim of this labor may be described as the discovery of the originary scene of poetry itself, the minimal sine qua non of representation, and therefore of humanity. 3 On the contrary, Wagner did not shrink from saturating the figural imagination in the pursuit of his totalizing aims. The confrontation reveals that musical maximalism in the service of national myth becomes a threat to what we may call, from Mallarmé's minimalist perspective, the anthropological mission of true art.Mallarmé held no particular brief for the theater of words; his tastes in performance went rather to the ballet, or to the mime-show, the subject of one of his most aesthetically interesting reflections. 4 Mallarmé anticipated 20th-century dramaturgy in seeing the theater not as a place for ratiocination and... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:THE ORIGIN OF LANGUAGE: VIOLENCE DEFERRED OR VIOLENCE DENIED? Eric Gans University ofCalifornia—Los Angeles ~P ecently I was asked to review applicants at UCLA for a XVpostdoctoral fellowship. The competition was based, along with the usual CV and recommendation letters, on a project proposal relevant to this year's topic: the sacred. There were some sixty applicants working in the modern period since 1800; these new PhD's included literary (...) scholars, philosophers, historians, a few anthropologists, even a musicologist. I was taken aback to discover that not a single one ofthese projects made reference to the name or ideas of René Girard. When I remarked on this to the director ofthe program, a professor ofEnglish with a solid background in philosophy and literary theory, he offered the explanation that these ideas had had a vogue twenty years ago, but were no longer in fashion today. However exaggerated and shortsighted it may be, I take this judgment on the part ofan astute and reasonably unbiased observer as a call to action. Like it or not, the academic world, the university, is the center of American intellectual life. The ideas that motivate COV&R emerged from the university and, however powerful they may become and remain outside it, it is important for their survival that they retain their visibility within it. Thus it is important that we put aside any differences that may divide us in the pursuit ofthis goal that I know we all share. I will return to this point at the end of my talk. What is the origin of language? This question is not only one of formulating hypotheses about the origin, but ofdeciding what it is that we mean by the question itself. Recent advances in neuroscience, cognitive 2 Eric Gans science, speech physiology, paleontology, primatology, linguistics, and related fields make this question both easier and harder to answer than when I wrote The Origin ofLanguage over twenty years ago. I can say at the outset that nothing I have learned in the course of my research dissuades me as a humanist from venturing into an area in which the dominant voices are no longer those of linguists and prehistorians, but those of neuroscientists. As they have always done, scientific advances permit those concerned with the human, "anthropologists" in the broadest sense of the term, to redraw the boundaries of the domain within which anthropological reflection truly belongs. This position is not one widely held by the scientists themselves, who generally share an Enlightenment view for which all thinking not subject to scientific method, particularly that of religion, is a primitive survival condemned to, and deserving of, the fate of alchemy and Aristotelian cosmology. In this view, my—I think I can say, "our"—kind ofanthropology is not a respectable field of inquiry at all. The hypothetical attribution of an originary function to an event or scene considered memorable in itself is not-yet-understood as a necessary methodological tool in the human sciences. Yet a scientific method expanded to include events would not have to put religion within brackets as an expression of the irrational or explain it by an ad hoc theory of psychological expediency, but would begin to integrate within itself the understanding of the human that it has been the historical function of religion to provide. I do not think we need accept the Enlightenment vision ofhistory as the story ofthe continued advance ofscience into domains progressively vacated by unscientific thought. No doubt we no longer rely on religion to supply the basis for cosmology or for natural science in general. And as our knowledge ofthe brain continues to progress, it may no longer be necessary to rely on metaphysical philosophy in order to understand the processes of language and thought. But human culture is not centrally concerned with natural phenomena or even with logic or linguistic structure. It is concerned with the regulation ofhuman interaction, with ethics, and however much science can help provide ethical thought with options, it can never usurp its central cultural function. This last point is usually expressed by the old saw that you can't get to "ought" from "is." Science tells us how it is, not how... (shrink)

The New Rhetoric is founded on the idea that since “argumentation aims at securing the adherence of those to whom it is addressed, it is, in its entirety, relative to the audience to be influenced,” says Chaïm Perelman and L. Olbrechts-Tyteca, and they rely, in particular, for their theory of argumentation on the twin concepts of universal and particular audiences: while every argument is directed to a specific individual or group, the orator decides what information and what approaches will achieve (...) the greatest adherence according to an ideal audience. This ideal, Perelman explains, can be embodied, for example, "in God, in all reasonable and competent men, in the man deliberating or in an elite.” Like particular audiences, then, the universal audience is never fixed or absolute but depends on the orator, the content and goals of the argument, and the particular audience to whom the argument is addressed. These considerations determine what information constitutes "facts" and "reasonableness" and thus help to determine the universal audience that, in turn, shapes the orator's approach. /// The adherence of an audience is also determined by the orator's use of values, a further key concept of the New Rhetoric. Perelman's treatment of value and his view of epideictic rhetoric sets his approach apart from that of the ancients and of Aristotle in particular. Aristotle's division of rhetoric into three genres–forensic, deliberative, and epideictic–is largely motivated by the judgments required for each: forensic or legal arguments require verdicts on past action, deliberative or political rhetoric seeks judgment on future action, and epideictic or ceremonial rhetoric concerns values associated with praise or blame and seeks no specific decisions. For Aristotle, the epideictic genre was of limited importance in the civic realm since it did not concern facts or policies. Perelman, in contrast, believes not only that epideictic rhetoric warrants more attention, but that the values normally limited to that genre are in fact central to all argumentation. "Epideictic oratory," Perelman argues, "has significant and important argumentation for strengthening the disposition toward action by increasing adherence to the values it lauds.” These values are central to the persuasiveness of arguments in all rhetorical genres since the orator always attempts to "establish a sense of communion centered around particular values recognized by the audience.”. (shrink)

Postmortem examinations have recently become common practice in Western medicine: they are used to verify the cause of death and to obtain additional scientific information on certain diseases, as well as to train medical students. For religious people of the monotheistic faiths postmortems present several ethical questions even though the advantages attributed to postmortems in the West are also acknowledged by Jews, Christians and Muslims. The Islamic way of dealing with such questions will be surveyed via contemporary fatawa (legal opinions) (...) issued primarily by Egyptian scholars; Islamic law, which was formulated in the eighth to ninth centuries, did not speak of postmortems. I will therefore depict the means whereby contemporary scholars approach postmortems in the absence of clear legal reference. The difficulties that postmortems create for Muslims at present will be weighed against some shar i instructions which may help circumvent them. While the ethical and religious debate continues, postmortems seem to be accepted but not, however, without certain reservations. (shrink)

IntroductionResponsive neurostimulation is an evolving therapeutic option for patients with treatment-refractory epilepsy. Open-loop, continuous stimulation of the anterior thalamic nuclei is the only approved modality, yet chronic stimulation rarely induces complete seizure remission and is associated with neuropsychiatric adverse effects. Accounts of off-label responsive stimulation in thalamic nuclei describe significant improvements in patients who have failed multiple drug regimens, vagal nerve stimulation, and other invasive measures. This systematic review surveys the currently available data supporting the use of responsive thalamic neurostimulation (...) in primary and secondary generalized, treatment-refractory epilepsy.Materials and MethodsA systematic review was performed using the following combination of keywords and controlled vocabulary: OR ) OR [responsive neurostimulation AND thalamus AND ]. In addition, a search of the publications listed under the PubMed “cited by” tab was performed for all publications that passed title/abstract screening in addition to manually searching their reference lists.ResultsTen publications were identified describing a total of 29 subjects with a broad range of epilepsy disorders treated with closed-loop thalamic neurostimulation. The median age of subjects was 31 years old. Of the 29 subjects, 15 were stimulated in the anterior, 11 in the centromedian, and 3 in the pulvinar nuclei. Excluding 5 subjects who were treated for 1 month or less, median time on stimulation was 19 months. Of these subjects, 17/24 experienced greater than or equal to 50%, 11/24 least 75%, and 9/24 at least 90% reduction in seizures. Although a minority of patients did not exhibit significant clinical improvement by follow-up, there was a general trend of increasing treatment efficacy with longer periods on closed-loop thalamic stimulation.ConclusionThe data supporting off-label closed-loop thalamic stimulation for refractory epilepsy is limited to 29 adult and pediatric patients, many of whom experienced significant improvement in seizure duration and frequency. This encouraging progress must be verified in larger studies. (shrink)

In the past generation, restitution law has emerged as a global phenomenon. From its Oxbridge home, restitution migrated to the rest of the Commonwealth, and ongoing Europeanization projects have brought the common law of restitution into contact with the Romanist concept of unjust enrichment, further internationalizing this movement. In contrast, in the United States, scholarly interest in restitution, in terms of books, articles, treatises, symposia and courses on restitution, is meager. Similarly, while restitution, equity and tracing cases receive considerable treatment (...) at the highest levels of the English judiciary, US courts seem uninterested in these issues, rarely producing the theory-laden opinions that have become quite common in the House of Lords. The situation is particularly curious because restitution is generally thought to be the invention of late nineteenth-century American scholars. This article explains this divergence. I argue that the Commonwealth restitution discourse is largely a product of pre- or anti-realist legal thought which generates scepticism within the American academic-legal establishment. The article identifies the two dominant camps in American private law thought—left-leaning redistributionalists and the centre-right legal economists—and shows that neither has any use for the Commonwealth's discourse. I conclude by analysing the emerging drafts of the Restatement of Restitution and forecast the future of American restitution law. (shrink)

Titel oversat: Islamisk, medicinsk etik i det tyvende århundrede.

Semi-compatibilists intend to reconcile moral responsibility with causal determinism, even if determinism is incompatible with freedom to do otherwise. For them, moral responsibility does not require free will, which is not a necessary condition for moral responsibility. They agree with the view that causal determinism is incompatible with free will. Free will is incompatible with determinism as well as moral responsibility. Both compatibilists and semi-compatibilists argue for the compatibility between determinism and moral responsibility. However, the latter fails to prove sufficiently (...) the reason why determinism is compatible with moral responsibility. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Rhetoric 36.3 (2003) 189-206 [Access article in PDF] First Philosophies and Regressive Philosophy Chaïm Perelman "As a crystal reconstitutes itself from one of its particles, all philosophy creates itself from the idea of an open dialectic, and carries, in itself, the same dialectical character." —Ferdinand Gonseth A number of metaphysicians, including Bergson and Heidegger, consider metaphysics the only knowledge of consequence and use the word to refer (...) to their own philosophies. But a large number of eminent metaphysicians, among them Descartes, Spinoza, Kant, Fichte and Hegel had only disdain for metaphysics and used the word to discredit the philosophy of their adversaries. D'Alembert (602-604) once noted that those referred to as metaphysicians had little regard for one another. "I have no doubt," he added, "that this title will soon be an insult to our great minds, just as the name sophist which, although it meant wise, was debased in Greece by those who bore it and rejected by the true philosophers."The preceding remarks should, I think, convince the few who would still doubt it that declaring oneself an adversary of metaphysics does not mean that one does not do metaphysics. On the contrary, the very fact of opposing a certain conception of metaphysics presupposes that one advocates another conception of metaphysics; this needs to be made explicit, if it is only implicit. In a very interesting study, Mr. Everett W. Hall has recently analyzed the metaphysical assumptions of four types of positivism (Mach, Comte, Watson, Carnap). Even without this analysis the conclusion is predictable; he who is opposed to a certain manner of treating a problem remains himself within the same problematic. Indeed, such oppositions produce a continuous expansion and dialogue about the meaning of the word "metaphysics." This happens not through an automatic and necessary dialectic, but through the dialectic directed by the philosopher's concerns.The first metaphysicians set forth a particular philosophy of being [être]; those opposed advocated a different philosophy of being. By expanding its meaning, Aristotle gave metaphysics its first dialectical movement and identified it as the study of being as being and ontology. Kantian criticism treats dogmatic metaphysics with disdain, and shows that all theories [End Page 189] of being must be preceded by a theory of knowledge: the first principles of philosophy would be those of epistemology and not those of ontology. Since Kant, and for more than a century, metaphysical debates would be about the primacy of ontology or epistemology, and the opposition to their variants, realism and idealism. Then, at the end of the nineteenth century, the debate broadened. Under the influence of pragmatism, the philosophy of values, and Bergsonism, a strong current of philosophical thinking developed, which integrated the theory of knowledge into a general theory of action. It proclaimed the primacy of a philosophy of action, philosophy of life, and philosophy of values. It is within a metaphysics broadened by these various developments that different conceptions of metaphysics will struggle to establish the primacy of their principles. But, despite their differences, all of these metaphysics can be considered first philosophies.Aristotle wrote a treatise on first philosophy, the first to be called metaphysics. First philosophies refer to any metaphysics that purports to determine first principles such as the fundamentals of being (ontology), of knowledge (epistemology), or of action (axiology). First philosophies position first principles as absolute and that they underlie all philosophical questions. The word "first" informs the argumentation used to establish the primacy of first philosophies. A principle is first when it comes before all others in a temporal, logical, epistemological or ontological order; the insistence on this point serves to emphasize its primacy or axiologic pre-eminence. That which is first or basic, that which precedes or presupposes all the rest, is also first in order of importance.As systematic metaphysics, first philosophies establish an interdependence among ontology, epistemology, and axiology. The course taken by first philosophies is determined by a starting point constituted by a necessary reality, a self-evident concept, or an absolute value before which one can... (shrink)

Ancient Greek philosophers claimed that the adequate understanding of a particular subject can be achieved only when its nature, or essence, is properly defined. This view furnished the core teachings of late medieval natural philosophers, and was often reaffirmed by early modern philosophers such as Bacon and Descartes. Yet during the second half of the seventeenth century, a radical transformation was to take place that led a to the emergence of a recognisably modern cultures of empirical research.Experimental Philosophy and the (...) Birth of Empirical Science focuses on the works of Robert Boyle, John Locke, and Isaac Newton, the most notable exponents of the experimental philosophy in the late seventeenth century, and explores this transformation to a modern viewpoint that seeks to understand phenomena by seeking explanatory correlations between the empirical properties of the universe.Experimental Philosophy and the Birth of Empirical Science offers a novel solution to one of the major problems in the history of early modern science and philosophy, while addressing received views concerning these problems. It provides a new perspective on the Scientific Revolution and the rise of modern science and offers new tools for science studies in general, by showing how the problem of human understanding and the problem of explanation are central to the evolution of science, and how we can combine historical and sociological approaches to study modern science from this perspective. (shrink)

The concept of electrical conductivity, or, as initially coined by Stephen Gray , ‘electrical communication’, has always been assigned an important role in the history of electrical research. Some thirty-five years after Gray's ‘electrical communication’ acquired wide attention, Priestley employed the concept of conductivity to define physical reality, thus giving a privileged position to the science he himself endeavoured to cultivate. As he argued in the introduction to The History and Present State of Electricity , ‘the electrical fluid is no (...) local, or occasional agent in the theatre of the world. Late discoveries show that its presence and effects are every where … It is not, like magnetism, confined to one kind of bodies, but every thing we know is a conductor or nonconductor of electricity’. Contemporary historians, for example, Heilbron, Home and Hackmann, link the concept of conductivity to a radical transformation of electrical research which pertained to its mode of organization and the definition of its subject-matter, and which culminated in its emergence as a distinctive branch of eighteenth-century ‘experimental philosophy’. (shrink)