The account of marriage Kant presents in the Rechtslehre strikes most readers as cold, legalistic and obsessed with sex. It seems to ignore at least nearly all of the morally valuable aspects of marriage. Consequently, most have felt that this is a feature of Kant 's theory best ignored. Against this view, this article argues that Kant 's focus is appropriate, that his understanding of marriage is much more romantic than is commonly thought and that it presents a thought-provoking alternative (...) to the picture of marriage found in the modern law. (shrink)

It is sometimes argued that tort law is, or ought to be understood as, a system of personal responsibility and corrective justice. Moreover, it is often assumed that these notions are identical, or at least compatible. In fact, however, personal responsibility and corrective justice are very different concepts and they produce very different pictures of the law. The article demonstrates this by comparing the way in which personal responsibility and corrective justice deal with three important problems: the presence of non-subjective (...) standards in the law, the place of liability insurance, and the relationship between law and politics. (shrink)

520 "Allan Beever lays the foundation for a timely philosophical and empirical study of the nature of law with a detailed examination of the structure of evolving law through declaratory speech acts. This engaging book demonstrates both how law itself is achieved and also its ability to generate rights, duties, obligations, permissions and powers. Structured into three distinct parts - the philosophy of law and jurisprudence, the structure of the social word and the ontology of law, and the (...) reconstruction of the philosophy of law - the author provides insight into law as a human institution and reveals that central debates are often based on misunderstandings of interpretation and intentionality. Inspired by the philosophy of John Searle alongside other well-respected legal theorists, the author also analyses both sides of the mainstream jurisprudential divide in its current state, in particular the theory of legal positivism. Examining all aspects of law and answering the important question of 'What is Law?', this book will be an invaluable resource for academics and advanced students in law schools and philosophy departments. (shrink)

This article examines the declaratory theory of law and defends it from the most prominent modern attack on it. It explains that the real declaratory theory is not the caricature of it criticized in modern writing and that, in fact, the theory properly understood is remarkably close to the position adopted by some of the theory’s most notable opponents. The article further examines the common law’s continuing commitment to the declaratory theory, a commitment that remains strong despite the considerable hostility (...) of the academy. It explains that this commitment reflects the nature of the common law. (shrink)

Challenging the assumptions of modern political and legal philosophy, this book presents a historical account of the development of thinking about justice and political obligations.

This article explores aggravated and exemplary damages in terms of their structure. It argues that the awards are distinguishable and once they have been appropriately analysed it can be seen that aggravated damages have a secure foundation in the private law and are importantly different from other compensatory awards. The article then argues that many of the reasons given in favour of exemplary damages are not consistent with the structure of that award. The article concludes by insisting that exemplary damages (...) should be abolished as they are in serious tension with the nature of civil liability. (shrink)

In these three Tanner lectures, distinguished ethical theorist Allan Gibbard explores the nature of normative thought and the bases of ethics. In the first lecture he explores the role of intuitions in moral thinking and offers a way of thinking about the intuitive method of moral inquiry that both places this activity within the natural world and makes sense of it as an indispensable part of our lives as planners. In the second and third lectures he takes up the (...) kind of substantive ethical inquiry he has described in the first lecture, asking how we might live together on terms that none of us could reasonably reject. Since working at cross purposes loses fruits that might stem from cooperation, he argues, any consistent ethos that meets this test would be, in a crucial way, utilitarian. It would reconcile our individual aims to establish, in Kant's phrase, a "kingdom of ends." The volume also contains an introduction by Barry Stroud, the volume editor, critiques by Michael Bratman (Stanford University), John Broome (Oxford University), and F. M. Kamm (Harvard University), and Gibbard's responses. (shrink)

This book examines some of the deepest questions in philosophy: What is involved in judging a belief, action, or feeling to be rational?

In this surprising book, Allan V. Horwitz argues that our current conceptions of mental illness as a disease fit only a small number of serious psychological conditions and that most conditions currently regarded as mental illness are cultural constructions, normal reactions to stressful social circumstances, or simply forms of deviant behavior.

Choices can be wise or foolish, and feelings can be apt or off the mark. So we judge, and it would be good to know what content these normative judgements carry. Gibbard offers an answer, and elaborates it. His theory explores what is at issue in narrowly moral questions, and in questions of rational thought and conduct in general.

In Experiment, Right or Wrong, Allan Franklin continues his investigation of the history and philosophy of experiment presented in his previous book, The Neglect of Experiment. Using a combination of case studies and philosophical readings of those studies, Franklin again addresses two important questions: (1) What role does and should experiment play in the choice between competing theories and in the confirmation or refutation of theories and hypotheses? (2) How do we come to believe reasonably in experimental results? Experiment, (...) Right or Wrong makes a significant contribution to an important area in contemporary history and philosophy of science. Philosophers and historians of science, physicists, and advanced students in these areas will find much of interest in this engaging study. (shrink)

This book provides the reader with a detailed and captivating account of the story where, for the first time, physicists ventured into proposing a new force of nature beyond the four known ones - the electromagnetic, weak and strong forces, and gravitation - based entirely on the reanalysis of existing experimental data. Back in 1986, Ephraim Fischbach, Sam Aronson, Carrick Talmadge and their collaborators proposed a modification of Newton's Law of universal gravitation. Underlying this proposal were three tantalizing pieces of (...) evidence: 1) an energy dependence of the CP (particle-antiparticle and reflection symmetry) parameters, 2) differences between the measurements of G, the universal gravitational constant, in laboratories and in mineshafts, and 3) a reanalysis of the Eötvos experiment, which had previously been used to show that the gravitational mass of an object and its inertia mass were equal to approximately one part in a billion. The reanalysis revealed that, contrary to Galileo's position, the force of gravity was in fact very slightly different for different substances. The resulting Fifth Force hypothesis included this composition dependence and also added a small distance dependence to the inverse-square gravitational force. Over the next four years numerous experiments were performed to test the hypothesis. By 1990 there was overwhelming evidence that the Fifth Force, as initially proposed, did not exist. This book discusses how the Fifth Force hypothesis came to be proposed and how it went on to become a showcase of discovery, pursuit and justification in modern physics, prior to its demise. In this new and significantly expanded edition, the material from the first edition is complemented by two essays, one containing Fischbach's personal reminiscences of the proposal, and a second on the ongoing history and impact of the Fifth Force hypothesis from 1990 to the present. <. (shrink)

ArgumentNeuroscience research has created multiple versions of the human brain. The “social brain” is one version and it is the subject of this paper. Most image-based research in the field of social neuroscience is task-driven: the brain is asked to respond to a cognitive (perceptual) stimulus. The tasks are derived from theories, operational models, and back-stories now circulating in social neuroscience. The social brain comes with a distinctive back-story, an evolutionary history organized around three, interconnected themes: mind-reading, empathy, and the (...) emergence of self-consciousness. This paper focuses on how empathy has been incorporated into the social brain and redefined via parallel research streams, employing a shared, imaging technology. The concluding section describes how these developments can be understood as signaling the emergence of a new version of human nature and the unconscious. My argument is not that empathy in the social brain is a myth, but rather that it is served by a myth consonant with the canons of science. (shrink)

As far back as we know, there have been individuals incapacitated by memories that have filled them with sadness and remorse, fright and horror, or a sense of irreparable loss. Only recently, however, have people tormented with such recollections been diagnosed as suffering from "post-traumatic stress disorder." Here Allan Young traces this malady, particularly as it is suffered by Vietnam veterans, to its beginnings in the emergence of ideas about the unconscious mind and to earlier manifestations of traumatic memory (...) like shell shock or traumatic hysteria. In Young's view, PTSD is not a timeless or universal phenomenon newly discovered. Rather, it is a "harmony of illusions," a cultural product gradually put together by the practices, technologies, and narratives with which it is diagnosed, studied, and treated and by the various interests, institutions, and moral arguments mobilizing these efforts. This book is part history and part ethnography, and it includes a detailed account of everyday life in the treatment of Vietnam veterans with PTSD. To illustrate his points, Young presents a number of fascinating transcripts of the group therapy and diagnostic sessions that he observed firsthand over a period of two years. Through his comments and the transcripts themselves, the reader becomes familiar with the individual hospital personnel and clients and their struggle to make sense of life after a tragic war. One observes that everyone on the unit is heavily invested in the PTSD diagnosis: boundaries between therapist and patient are as unclear as were the distinctions between victim and victimizer in the jungles of Southeast Asia. (shrink)

PREFACE A volume of essays on Wittgenstein, arguably this century's greatest philosopher, certainly would require no apology. However, one which combines ...

This handbook by Allan Harkness will give you a variety of practical and creative ideas for making time with God a significant part of your life. You don't need any special qualifications. Are you ready to grow?

Reflections on the life and works of Scotus -- The early works of Scotus -- Duns Scotus at Oxford -- A Scotistic approach to the ultimate why-question -- God's knowledge : a study in Scotistic methodology -- William of Alnwick on Scotus and divine concurrence -- Scotus on the origin of possibility -- Scotus's lectures on the Immaculate Conception -- Scotus's ethics -- Scotus's eschatology : some reflections -- Scotism -- An Oxford dialogue on language and metaphysics -- Ockham and (...) the textbooks -- Ockham's conception of matter. (shrink)

This paper argues that the practical reach and ethical impact of the One Health paradigm is conditional on satisfactorily distinguishing between interconnected and interdependent factors among human, non-human, and environmental health. Interconnection does not entail interdependence. Offering examples of interconnections and interdependence in the context of existing One Health literature, we demonstrate that the conversations about One Health do not yet sufficiently differentiate between those concepts. They tend to either ignore such distinctions or embrace bioethically untenable positions. We conclude that (...) careful conceptual differentiation can prevent One Health stakeholders either from overreaching or under-reaching the practical and ethical boundaries of this developing paradigm. (shrink)

The Covid‐19 crisis has underscored the importance of the collection and analysis of clinical and research data and specimens for ongoing work. The federal government recently completed a related revision of the human subjects research regulations, founded in the traditional principles of research ethics, but in this commentary, we argue that the analysis underpinning this revision overemphasized the importance of informed consent, given the low risks of secondary research. Governing the interests of a community is different from governing the interests (...) of individuals, and here we suggest that, moving forward, the analyses of the risks of secondary research protocols be assessed from the perspective of the former. (shrink)

While individual differences in the willingness and ability to engage analytic processing have long informed research in reasoning and decision making, the implications of such differences have not yet had a strong influence in other domains of psychological research. We claim that analytic thinking is not limited to problems that have a normative basis and, as an extension of this, predict that individual differences in analytic thinking will be influential in determining beliefs and values. Along with assessments of cognitive ability (...) and style, religious beliefs, and moral values, participants judged the wrongness of acts considered disgusting and conventionally immoral, but that do not violate care- or fairness-based moral principles. Differences in willingness to engage analytic thinking predicted reduced judgements of wrongness, independent of demographics, political ideology, religiosity, and moral values. Further, we show that those who were higher in cognitive ability were less likely to indicate that purity, patriotism, and respect for traditions and authority are important to their moral thinking. These findings are consistent with a “Reflectionist” view that assumes a role for analytic thought in determining substantive, deeply-held human beliefs and values. (shrink)

When I first read Snow, I was deeply conscious, page by page, of its enormously dense character. It was clear from the outset that this novel was much more than the account of a Westernized Turkish journalist's failed attempt to cover a suicide wave among young girls in the provincial Turkish city of Kars. Almost from the start, the multidimensional narrative about Turkish youth weaved together all sorts of strains of political, religious, and social conflicts in a drama about coming (...) of age in a land whose culture is never far from that of Europe and vice versa. Here was an incredibly sensitive effort to probe the social dynamics of a culture that was scarcely understood in Europe (and scarcely understood at home).Having finished the novel's four hundred and some pages, I was deeply impressed with what I had read but depressed by how little of what I had read I was in a position to comprehend; it was simply too richly detailed and nuanced for me to digest. Too much was going on. For days, if not weeks, after having put Snow down, my mind would drift back to the novel, alighting on a theme or a character from the novel that had left me wondering and moved me further to ponder its meaning. The subtlety that went into writing the book, the confusions implicit in the strivings of its characters, and the consequent hopelessness of their situations hit me like a ton of bricks. In a way that was difficult to articulate, I could experience something of the hopes, fears, and confusions that ran through the minds of those characters. The vicarious experience of a culture that was at once familiar and deeply alien, the comprehension of which was imperative to European society, was powerfully and skillfully expressed without being trumpeted. Thus it was impossible to forget things that did not enter directly into the story but were nevertheless clearly insinuated in the narrative: for example, the continual reference to things Armenian in a place from which Armenians had long since disappeared—but above all the snow, falling silently and gently, scarcely observed by the protagonists, on nearly every page, without ever having the slightest impact on the narrative. The continual dusting of snow on all sorts of scenes, violent, touching, amusing, intriguing, lent the story an almost eerie poetic quality that only a master storyteller could weave into sadness and tragedy (Is this an allusion to Joyce's “The Dead”?). It was clear that one reading would not suffice for me to absorb the content of this novel.About a year later, I decided to tackle the book once again in the hope of obtaining a more ordered sense of the personalities and situations it presents. This time, it was clear that reading the book was of necessity a systematic project. So I decided to read it chapter by chapter, daily, in order to “live” with it. That procedure considerably enhanced the enjoyment involved in the act of reading, but in the end I scarcely grasped much more than I had done originally. When I was finished, I was satisfied with myself for having fulfilled a demanding task, but my lack of further enlightenment on turning the last page left me almost as unsatisfied as I had been the first time. It was not that I had failed to deepen my understanding of difficult and confusing themes that were crucial to comprehending European problems. Still, I was not less aware than after my first reading of the work that much of the Turkish experience described in it was eluding me—so much so that it would be worth my while to pick up Snow a third time. Need I say more? (shrink)

The nature and role of the patient in biomedicine comprise issues central to bioethical inquiry. Given its developmental history grounded firmly in a backlash against 20th-century cases of egregious human subjects abuse, contemporary medical bioethics has come to rely on a fundamental assumption: the unit of care is the autonomous self-directing patient. In this article we examine first the structure of the feminist social critique of autonomy. Then we show that a parallel argument can be made against relational autonomy as (...) well, demonstrating how this second concept of autonomy fails to take sufficiently into account an array of biological determinants, particularly those from microbial biology. Finally, in light of this biological critique, we question whether or to what extent any relevant and meaningful view of autonomy can be recovered in the contemporary landscape of bioethics. (shrink)

In this research, we examine the relationship between employee psychological entitlement and employee willingness to engage in unethical pro-organizational behavior. We hypothesize that a high level of PE—the belief that one should receive desirable treatment irrespective of whether it is deserved—will increase the prevalence of this particular type of unethical behavior. We argue that, driven by self-interest and the desire to look good in the eyes of others, highly entitled employees may be more willing to engage in UPB when their (...) personal goals are aligned with those of their organizations. Support for this proposition was found in Study 1, which demonstrates that organizational identification accentuates the link between PE and the willingness to engage in UPB. Study 2 builds on these findings by examining a number of mediating variables that shed light on why PE leads to a greater willingness among employees to engage in UPB. Furthermore, we explored the differential effects of PE on UPB compared to counterproductive work behavior. We found support for our moderated mediation model, which shows that status striving and moral disengagement fully mediate the link between PE and UPB. PE was also linked to CWB and was fully mediated by perceptions of organizational justice and moral disengagement. (shrink)

The badness of having conflicting emotions is a familiar theme in academic ethics, clinical psychology, and commercial self-help, where emotional harmony is often put forward as an ideal. Many philosophers give emotional harmony pride of place in their theories of practical reason.1 Here we offer a defense of a particular species of emotional conflict, namely, ambivalence. We articulate an conception of ambivalence, on which ambivalence is unresolved inconsistent desire (§1) and present a case of appropriate ambivalence (§2), before considering two (...) alternative defenses of emotional conflict (§3). We then argue that inconsistent desires can be fitting (§4) and that it can be reasonable not to resolve inconsistent desires (§5), before considering an objection (§6) and concluding the discussion (§7). (shrink)

Johnson takes us into every nook and cranny of social life, from the meaning of "I love you" to the ravages of social oppression.

What role have experiments played, and should they play, in physics? How does one come to believe rationally in experimental results? The Neglect of Experiment attempts to provide answers to both of these questions. Professor Franklin's approach combines the detailed study of four episodes in the history of twentieth century physics with an examination of some of the philosophical issues involved. The episodes are the discovery of parity nonconservation in the 1950s; the nondiscovery of parity nonconservation in the 1930s, when (...) the results of experiments indicated, at least in retrospect, the symmetry violation, but the significance of those results was not realized; the discovery and acceptance of CP symmetry; and Millikan's oil-drop experiment. Franklin examines the various roles that experiment plays, including its role in deciding between competing theories, confirming theories, and calling fo new theories. The author argues that one can provide a philosophical justification for these roles. He contends that if experiment plays such important roles, then one must have good reason to believe in experimental results. He then deals with deveral problems concerning such reslults, including the epistemology of experiment, how one comes to believe rationally in experimental results, the question of the influence of theoretical presuppositions on results, and the problem of scientific fruad. This original and important contribution to the study of the philosophy of experimental science is an outgrowth of many years of research. Franklin brings to this work more than a decade of experience as an experimental high-energy physicist, along with his significant contributions to the history and philosophy of science. (shrink)