This article assesses the state of empirical legal research and chronicles the field's history focusing on bankruptcy. This article begins with a discussion of what might have attracted bankruptcy scholars to extract an empirical vein in their scholarly work. It offers a short chronicle of the development of empirical bankruptcy scholarship from Justice Douglas to the current generation. Because of the relative paucity of such scholarship outside the U.S., this chronicle inevitably focuses on that country. It is divided into separate (...) discussions of individual and corporate bankruptcy. It elaborates the substantial amount of empirical scholarship in bankruptcy as compared with other fields, the grounds on which academic debates play out offer significant explanatory factors. This article concludes with some discussion regarding empirical questions on which bankruptcy scholars might probably focus future attention. (shrink)

The subject of the passions has always haunted Western philosophy and, more often than not, aroused harsh judgments. For the passions represent a force of excess and lawlessness in humanity that produces troubling, confusing paradoxes. Michel Meyer provides new insight into an age-old dilemma: Does passion torture people because it blinds them, or, on the contrary, does it permit them to apprehend who and what we really are?

Question of conscience -- Creation ordinances -- Razor's edge -- Legalist distortion -- Distortion of lawlessness -- Degrees of sin.

This is a collection of papers presented at the Symposium "Are There are Laws of Biology?", in the 1996 Biennial Meetings of the Philosophy of Science Association. It includes four separate papers: "Why Do Biologists Argue Like They Do?" by John Beatty, "Does Biology Have Laws? The Experimental Evidence" by Robert Brandon, "Two Outbreaks of Lawlessness in Recent Philosophy of Biology" by Elliott Sober, and "Pragmatic Laws" by Sandra D. Mitchell.

Rates of violence in the American South have long been much greater than in the North. Accounts of duels, feuds, bushwhackings, and lynchings occur prominently in visitors’ accounts, newspaper articles, and autobiography from the 18th Century onward. According to crime statistics these differences persist today. In their book, Culture of Honor, Richard Nisbett and Dov Cohen argue that the South is more violent than the North because Southerners have different, culturally acquired beliefs about personal honor than Northerners. The South was (...) disproportionately settled by Protestant Scotch-Irish, people with an animal herding background, whereas Northern settlers were English, German and Dutch peasant farmers. Most herders live in thinly settled, lawless regions. Since livestock are easy to steal, herders seek reputations for willingness to engage in violent behavior as a deterrent to rustling and other predatory behavior. Of course, bad men come to subscribe to the same code, the better to intimidate their victims. As this arms race proceeds, arguments over trivial acts can rapidly escalate if a man—less often a woman—thinks his honor is at stake, and the resulting “culture of honor” leads to high rates of violence. Nisbett and Cohen support their hypothesis with an impressive range of data including, laboratory data, attitude surveys, field experiments, data on violence, and differences in legal codes. (shrink)

Does biology have general laws that apply to all levels of biological organisation, across all evolutionary time? In their book “Biology’s first law: the tendency for diversity and complexity to increase in evolutionary systems” (2010), Daniel McShea and Robert Brandon propose that the most fundamental law of biology is that all levels of biological organisation have an underlying tendency to become more complex and diverse over time. A range of processes, most notably selection, can prevent the expression of this (...) tendency, but they predict that, on average, we should see that lineages tend toward greater diversity and complexity, driven by fundamentally neutral processes. Their hypothesis can be summarised as “diversity is easy, stasis is hard”. Here, I consider evidence for this “zero force evolutionary law”. It provides a fair description of evolutionary change at the genomic level, but the predictions of the proposed law are not met for broad scale patterns in the evolution of the animal kingdom. (shrink)

The impressive variation amongst biological individuals generates many complexities in addressing the simple-sounding question what is a biological individual? A distinction between evolutionary and physiological individuals is useful in thinking about biological individuals, as is attention to the kinds of groups, such as superorganisms and species, that have sometimes been thought of as biological individuals. More fully understanding the conceptual space that biological individuals occupy also involves considering a range of other concepts, such as life, reproduction, and agency. There has (...) been a focus in some recent discussions by both philosophers and biologists on how evolutionary individuals are created and regulated, as well as continuing work on the evolution of individuality. (shrink)

This paper offers an overview of "the species problem", arguing for a view of species as homeostatic property cluster kinds, positioning the resulting form of realism about species as an alternative to the claim that species are individuals and pluralistic views of species. It draws on taxonomic practice in the neurosciences, especially of neural crest cells and retinal ganglion cells, to motivate both the rejection of the species-as-individuals thesis and species pluralism.

This paper explores the relationship between eugenics, disability, and dehumanization, with a focus on forms of eugenics beyond Nazi eugenics.

Are interpersonal comparisons of desire possible? Can we give an account of how facts about desires are grounded, that underpins such comparisons? This paper supposes the answer to the first question is yes, and provides an account of the nature of desire that explains how this is so. The account is a modification of the interpretationist metaphysics of representation that the author has recently been developing. The modification is to allow phenomenological affective valence into the “base facts” on which correct (...) interpretation is grounded. To use this extra resource within that theory to vindicate interpersonal comparisons, we will need to appeal rational connections between level of valence and level of desire, which this paper sets out and examines. (shrink)

Drawing on a passage from Ramsey's Truth and Probability, we formulate a simple, plausible constraint on evaluating the accuracy of credences: the Calibration Test. We show that any additive, continuous accuracy measure that passes the Calibration Test will be strictly proper. Strictly proper accuracy measures are known to support the touchstone results of accuracy-first epistemology, for example vindications of probabilism and conditionalization. We show that our use of Calibration is an improvement on previous such appeals by showing how it answers (...) or sidesteps problems that have been raised for previous work in this area. (shrink)

This article provides an overview of the historical and philosophical context from which originated G. Bachelard's concept of "phenomenotechnique". It analyzes why phenomenotechnique is crucial for science studies. By incorporating the concept of phenomenotechnique into Hacking's and Galison's models of science, I argue that we can avoid the radicalism of both while also preventing the analysis of scientific practices from collapsing into the interpretive frames mandated by social constructivists.

The recent crises of BSE and FMD in the United Kingdom have revealed widespread concerns on the part of farmers and consumers about government regulations and handling of animal movements, animal welfare, and food safety. Both crises raised issues of government accountability and the lack of openness in public debate. The issues of democratic process and decision-making were especially strong in relation to the mass slaughter policy of the government to control FMD. This article explores public disquiet about these matters, (...) as expressed through the reports of two public inquiries, and the perceived links between government decision-making and the needs of global agribusiness, to the detriment of family farms and animal welfare. In light of the growing evidence about the environmental and economic costs of agribusiness, the argument is made that strong programs of citizen action, such as the Devon Foot and Mouth Inquiry, that are grounded in an ethical stance on animal welfare can challenge the perspectives of central governments about concepts of cost, efficiency, and safety in agriculture. (shrink)

In the good old days, when general philosophy of science ruled the Earth, a simple division was often invoked to talk about philosophical issues specific to particular kinds of science: that between the natural sciences and the social sciences. Over the last 20 years, philosophical studies shaped around this dichotomy have given way to those organized by more fine-grained categories, corresponding to specific disciplines, as the literatures on the philosophy of physics, biology, economics and psychology--to take the most prominent four (...) examples--have blossomed. In general terms, work in each of these areas has become increasingly enmeshed with that in the corresponding science itself, increasingly naturalistic (in at least one sense of that term), and in my view, increasingly interesting. (shrink)

This article presents some of the findings from the original research carried out with asylum seeking and refugee women in Ireland who were pregnant or who had recently given birth. The explosion in numbers in Ireland from 1998 onwards has been such that this group now comprises more than one in five of every birth in the country's three major maternity hospitals, all based in Dublin. The article explores the background reasons for the major increase in recent years of this (...) group of women. It discusses the difficult circumstances encountered by women who must engage with a system of maternity care unused to such complex needs, amidst a general policy climate of uncertainty and even hostility towards asylum seekers. The research findings contribute to the feminist literature on maternity and challenge us to examine the way in which globalization is impacting on women as mothers and the need for challenging Western states anew on the development of a more coherent model of maternity care in response to the needs of such women. (shrink)

My aim is to propose affectivity as a criterion for personal identity. My proposal is to be taken in its weak version: affectivity as _only one_ of the criteria for personal identity. I start by arguing for affectivity being a better candidate as a criterion for personal identity than thinking. Next, I focus on synchronic vs. diachronic and on ontic vs. epistemic distinctions (my proposal will concern diachronic ontic personal identity) and consider the realm of affectivity in its temporal dimension. (...) In my argument, I rely on the genuineness of affectivity and I exploit chiefly long- or everlasting feelings (or emotions) and those which involve the feeling subject more rather than less. I conclude by stating that genuine long-lasting feelings (or emotions) are constitutive of diachronic ontic personal identity. (shrink)

The paper offers an analysis of Protagoras’ fr. DK 80 B 1 and rejects the traditional reading of Protagoras as relativist. By considering the ipsissima verba that Protagoras makes use of in his passage, it is argued that alternative interpretations are possible, of which epistemological reism and psychological individualism are proposed. On a more general level, it is discussed to what extent Protagoras’ fragment contains descriptive rather than normative claim.

Kenneth Burke, arguably the most important American literary theorist of the twentieth century, helped define the theoretical terrain for contemporary literary and cultural studies. His perspectives were literary and linguistic, but his influences ranged across history, philosophy, and the social sciences. In this important and original study Robert Wess traces the trajectory of Burke's long career and situates his work in relation to postmodernity. His study is both an examination of contemporary theories of rhetoric, ideology, and the subject, and (...) an explanation of why Burke failed to complete his Motives trilogy. Burke's own critique of the 'isolated unique individual' led him to question the possibility of unique individuation, a strategy which anticipated important elements of postmodern concepts of subjectivity. Robert Wess's study is both a timely and judicious exposition of Burke's massive oeuvre, and a crucial intervention in current debates on rhetoric and human agency. (shrink)

Se resume en esta obra el vasto y complejo sistema teórico-jurídico de Hans Kelsen, el jurista más grande de nuestro siglo. La doctrina de Kelsen y en particular su Teoría Pura del Derecho han conocido muchas vicisitudes y ataques debidos más a prejuicios políticos y racistas que a una verdadera confrontación con sus tesis. El autor enfatiza en el hecho de que la doctrina jurídica de Kelsen no es una teoría terminada y archivada sino en permanente desarrollo, una teoría a (...) cuya ulterior construcción están convocados todos los juristas. (shrink)

Initiated by Robert Wesson, _Evolution and Human Values_ is a collection of newly written essays designed to bring interdisciplinary insight to that area of thought where human evolution intersects with human values. The disciplines brought to bear on the subject are diverse - philosophy, psychiatry, behavioral science, biology, anthropology, psychology, biochemistry, and sociology. Yet, as organized by co-editor Patricia A. Williams, the volume falls coherently into three related sections. Entitled Evolutionary Ethics, the first section brings contemporary research to an (...) area first explored by Herbert Spencer. Evolutionary ethics looks to the theory of evolution by natural selection to find values for human living. The second section, Evolved Ethics, discusses the evolution of language and religion and their impact on moral thought and feeling. Evolved ethics was partly Charles Darwin's subject in _The Descent of Man._ The last section bears the title Scientific Ethics. A nascent field, scientific ethics asks about the evolution of human nature and the implications of that nature for ethical theory and social policy. Together, the essays collected here provide important contemporary insights into what it is - and what it may be - to be human. (shrink)

"Among the foremost Catholic philosophers of his generation. He has utilized the fullness of the Catholic intellectual tradition to brilliantly take the measure of modern philosophical thought... This volume is an expression of Robert Wood's singular philosophical outlook." -Jude Dougherty, dean emeritus, school of philosophy, The Catholic University of America.

If the world itself is metaphysically indeterminate in a specified respect, what follows? In this paper, we develop a theory of metaphysical indeterminacy answering this question.

What counts as scientific ideology for Canguilhem and Kuhn is functionally distinct. However, in this article I argue that metaphysical and other non-scientificbeliefs brought about by scientists into their research traditions and that Kuhn sees as generating scientific change coincide closely with Canguilhem’s conception of scientific ideology. Kuhn failed to describe clearly those ideological and metaphysical elements influencing the work of science. He chose to focus on psychological factors intrinsic to paradigms and present in paradigm shifts and in scientific revolutions (...) and also in the internal mechanisms of science itself such as the discovery process. Canguilhem triangulated scientific ideologies with the traditional demarcation criterion between science and non-science and with the intertwining of practice, theory, and external (social) beliefs in scientific thought while distancing himself from the psychological dynamic in science characteristic in Kuhn’s work. Their views are complementary. (shrink)

Contribución de eruditos autores sobre aspectos trascendentales de la teoría pura del derecho. Esta obra debe verse como una expresión de esa renovada ocupación con los problemas de la doctrina de Kelsen.

Throughout human history, thoughts, values and behaviors have been colored by language and the prevailing view of the universe. With the advent of Quantum Mechanics, relativity, non-Euclidean geometries, non-Aristotelian logic and General Semantics, the scientific view of the world has changed dramatically from just a few decades ago. Nonetheless, human thinking is still deeply rooted in the cosmology of the middle ages. Quantum Psychology is the book to change your way of perceiving yourself--and the universe for the 21st Century. Some (...) say it's materialistic, others call it scientific and still others insist it's mystical. It is all of these--and none. (shrink)