The controversy over judicial activism is as old as the question whether law is “made” or “found” by the courts, and is die quintessential living question for legal philosophers. Here the practical meets the abstract, as Supreme Court justices must, explicitly or not, adopt some philosophical viewpoint in deciding how general constitutional propositions do, or do not, decide current concress te controversies.

Oliver Wendell Holmes, Jr, is considered by many to be the most influential American jurist. The voluminous literature devoted to his writings and legal thought, however, is diverse and inconsistent. In this study, Frederic R. Kellogg follows Holmes's intellectual path from his early writings through his judicial career. He offers a fresh perspective that addresses the views of Holmes's leading critics and explains his relevance to the controversy over judicial activism and restraint. Holmes is shown to be an (...) original legal theorist who reconceived common law as a theory of social inquiry and who applied his insights to constitutional law. From his empirical and naturalist perspective on law, with its roots in American pragmatism, emerged Holmes's distinctive judicial and constitutional restraint. Kellogg distinguishes Holmes from analytical legal positivism and contrasts him with a range of thinkers. (shrink)

Departing from hypothetical dilemmas and drawing on examples from law, this paper offers a pragmatist account of normative induction that characterizes moral particularism and generalism as stages of inquiry into ethical problems, rather than rival accounts of moral knowledge and motivation. Pragmatism’s response to analytical moral theory lies in understanding the transformative nature of John Dewey’s social continuum of inquiry. The continuum is unrecognized in the analysis of hypothetical dilemmas, like the trolley problem, but can clearly be seen in studies (...) of law. Real moral dilemmas represent actual conflicts, of which the dimensions emerge through experience and the solution cannot be addressed through the analysis of cleverly balanced moral puzzles. Repeated over time, real problems drive the consensual formation and revision of social practices and the predication of general moral rules and principles. Ethical particularism holds that the evaluative cannot be “cashed out” propositionally, and that it is descriptively “shapeless.” It fails to recognize that real moral problems occur in a continuum, and at first encounter a shapeless particularist context of seemingly unlimited non-moral properties. Normativity is driven by repetition of similar situations toward shared practices and descriptive predication. Rather than a Dancian retention of epistemic status by defeated reasons, this illustrates retirement of relevant properties and accompanying reasons, transformation of the reasons environment, and a pluralist normative ontology. (shrink)

This book presents the work of Polish and American philosophers about Poland's transition from Communist domination to democracy. Among their topics are nationalism, liberalism, law and justice, academic freedom, religion, fascism, and anti-Semitism. Beyond their insights into the ongoing situation in Poland, these essays have broader implications, inspiring reflection on dealing with needed social changes.

Frederic Kellogg has already published several works on legal pragmatism and on Oliver Wendell Holmes in particular.1 In this volume, he focuses on the early history of Holmes' views, on his readings in law and philosophy, and his interests in science in the years of the Metaphysical Club. Drawing on sources like Francis Bacon, John Stuart Mill and Chauncey Wright, Holmes developed an inductive approach to common law reasoning; eventually, as I discuss below, this approach needed refinement when (...) he engaged with constitutional interpretation. Other parts of the book focus on contemporary issues like legal indeterminacy, hard cases, the role of politics in legal interpretation, Rorty's neopragmatism, liberalism and... (shrink)

This book develops John Dewey's broad conception of social conflict as a natural process of discovery and preference adjustment, resolving Kenneth Arrow's famous theorem of the impossibility of ordering diverse preferences through voting. It addresses the nature and resolution of today's urgent problems and political polarization.

Pragmatism, Logic and Law traces legal pragmatism as a distinct logical theory originated in late 19th century America, covering various issues, cases, personalities, and relevant intellectual movements within and outside law. It addresses pragmatism’s relation to legal liberalism, natural law, critical legal studies (CLS), and neopragmatism.

Nineteenth-century references to the syllogism by J. S. Mill and Oliver Wendell Holmes Jr. reveal a distinct approach to the logic of inference in the formative years of pragmatism. In the latter may be found an element of the emergence of generals from particulars. Fallibilism in law and science reflects their social dimension as part of the communal ordering of experience. This implies a distinct approach to uncertainty, as experience yet to be integrated within a developing system of classification.

In her article, Pascale Hess raises the issue of whether her proposed model may be extrapolated and applied to clinical research fields other than stem cell-based interventions in the brain (SCBI-B) (Hess 2012). Broadly summarized, Hess’s model suggests prioritizing efficacy over safety in phase 1 trials involving irreversible interventions in the brain, when clinical criteria meet the appropriate population suffering from “degenerative brain diseases” (Hess 2012). Although there is a need to reconsider the traditional phase 1 model, especially with respect (...) to first-in-human clinical trials involving novel technologies, the question arises as to whether it is appropriate to advocate for a new model that prioritizes efficacy over safety across all phase 1 clinical research trials involving irreversible interventions in the brain. -/- . (shrink)

Perruchet & Vinter do not fully resolve issues about the role of consciousness and the unconscious in cognition and learning, and it is doubtful that consciousness has been computationally implemented. The cascade-correlation (CC) connectionist model develops high-order feature detectors as it learns a problem. We describe an extension, knowledge-based cascade-correlation (KBCC), that uses knowledge to learn in a hierarchical fashion.

In their article, Sankary et al. (2022) provided important preliminary findings on how research participants exiting from clinical trials engage in decisions related to the removal or post-trial us...

In this lecture, given on 16 June 2004, the author expounds on the definition of Matter and Form in the science of Kabbalah, and the boundaries of our perception of the two. He also explains about the difference between the perspective of Kabbalah and the perspective of conventional science with regard to one's perception of reality. The last section of the lecture touches on the essence of spiritual perception (attainment) and the way by which it is enhanced.

Clinical trials aim to minimise participant risk and generate new clinical knowledge for the wider population. Many military agencies are now investing efforts in pushing towards developing new treatments involving Brain-Computer Interfaces, Gene Therapy and Stem Cells interventions. These trials are targeting smaller disease groups, as such they give rise to novel participant risks of harms that are largely not accommodated by existing practice. This is of most concern with irreversible harms at early trial stages, where participants may forfeit any (...) future therapy, and in personalised medicine, where the individual participant assumes all of the trial risk. Given these new experimental interventions involve high risk of irreversible harms, how much risk should patients be exposed to when participating in experimental testing of innovative technologies? Designing clinical trials which better balance risk/benefit ratios for participants is crucial. The aim of this book chapter is to suggest a new stratified risk framework aimed at minimising the risk-benefit ratio to participants in clinical trials associated with high risk of irrevocable harms. We will argue it demands a higher-level of clinical data capture at earlier trial stages than predicated by current trial doctrine; it also requires publication of all trial data to minimise risk to participants of any future trial. (shrink)

This is a translation of Nicolai Hartmann’s article “Der Megarische und der Aristotelische Möglichkeitsbegriff: ein Beitrag zur Geschichte des ontologischen Modalitätsproblems,” first published in 1937. In this article, Hartmann defends an interpretation of the Megarian conception of possibility, which found its clearest form in Diodorus Cronus’ expression of it and according to which “only what is actual is possible” or “something is possible only if it is actual.” Hartmann defends this interpretation against the then dominant Aristotelian conception of possibility, based (...) on the opposition between dynamis and energeia, and according to which there is always an open multiplicity of simultaneous “possibilities,” the outcome of which remains undetermined. Since, according to Hartmann, reality suffers no indetermination, the Megarian conception of possibility is an account of real possibility, whereas the Aristotelian one is merely an account of epistemic possibility. (shrink)

Many years ago, C.B. Martin drew our attention to the possibility of ‘finkish’ dispositions: dispositions which, if put to the test would not be manifested, but rather would disappear. Thus if x if finkishly disposed to give response r to stimulus s, it is not so that if x were subjected to stimulus r, x would give response z; so finkish dispositions afford a counter‐example to the simplest conditional analysis of dispositions. Martin went on to suggest that finkish dispositions required (...) a theory of primitive causal powers; there, I think, he was mistaken. All that they require is an improved conditional analysis, and this improved analysis can be built upon whatever treatments of properties and of laws we may favour on other grounds. (shrink)

The editors' main objective with this selection of texts is to show that Hermann Cohen (1842–1918) was, throughout most of his career, driven by a desire to provide an interpretation of Kant consistent with Judaism. The editors believe that, just as Moses Maimonides had combined Judaism with Aristotle in the Middle Ages, Cohen endeavored to combine it with Kant. Cohen lived his whole life as an observant Jew and, according to the editors, he always wished to synthesize Judaism and Kantianism. (...) Not only this, but the editors also claim that Cohen held that Kant drew from the wellspring of Judaism and that Kant and Judaism headed in the same direction, namely, towards socialism. Moreover, since materialism and naturalism are inimical to religious Judaism, Cohen attacked them and argued that only Kantian idealism could provide the epistemological foundation that the natural sciences require. Cohen has oftentimes been approached with the assumption that his Neo-Kantianism could be understood independently of his religious faith and as if the latter had no significant implication for his philosophy. But this collection of texts demonstrates the contrary and puts to rest any interpretation of Cohen as an impartial philosopher. (shrink)