The American Society for Bioethics and Humanities is now proposing a process whereby the role and authority of clinical ethics consultants can be legitimated. Without regulation and oversight, the field lacks validity and accountability. ASBH has sought to remedy the lack of uniform standards and accreditation by publishing Core Competencies in Health Care Ethics Consultation and an education guide, and now by proposing a “quality attestation process,” situated between national certification processes and local credentialing practices, to “attest to the skills (...) and ability of properly trained and competent clinical ethicists.” If the process is successful, a cadre of certified clinical ethics consultants will emerge. Before the dawn of this new era, it is worth pausing to consider the adequacy of the quality attestation process itself and how it will affect the current world of clinical ethics consultants. Ethics consultations are often done by a multidisciplinary team, and the consult note is a compilation or synthesis of the work of the team. If the evidence required to attest to one's quality as an ethics consultant is to bear on one's ability to work with a team and present an integrated consult note, then these notes are relevant. If, however, the evidence is to bear on the quality of one's own work, then the evidence is inconclusive at best, fraudulent at worst. The quality attestation process seems to be predicated on the individual ethics consultant model, which may not jibe with the realities of ethics consultation. There may be more than one way to demonstrate one's competence, and there may be more than one competency to demonstrate. (shrink)

This handbook offers a deep analysis of the main forms of legal reasoning and argumentation from both a logical-philosophical and legal perspective. These forms are covered in an exhaustive and critical fashion, and the handbook accordingly divides in three parts: the first one introduces and discusses the basic concepts of practical reasoning. The second one discusses the main general forms of reasoning and argumentation relevant for legal discourse. The third one looks at their application in law as well as at (...) the different areas of legal reasoning. The handbook’s division in three parts reflects its conceptual architecture, since legal reasoning and argumentation are considered in relation to the more general types of reasoning. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Don Quijote and the Law of LiteratureCarl Good (bio)The part is one of these beings, the whole minus this part the other. But the whole minus a part is not the whole and as long as this relationship persists, there is no whole, only two unequal parts.—Rousseau, Social Contract, cited by Paul de Man in Allegories of ReadingBut it is not just that, because it is also a performative.... (...) There is first a performative, the act of positing..., which then moves to a system of tropes; a kind of anamorphosis of tropes takes place, in which all the tropological systems are engendered, as a result of this original act of positing.... It is circulation which is out of hand,... the sheer circulation or play of the signifier, and which is, as you know, the root of error, madness, stupidity and all other evil.—Paul de Man, “The Concept of Irony”Amid a confusion of narrative inversions, misleading appearances, and unresolvable disputes, at least two things are consistent in Don Quijote de la Mancha: first, the knight’s singular fidelity to what I will refer to as a law of literature, which persists like a phantasm of continuity throughout the larger narrative; and, second, the many interruptions of this narrative by the stories, or episodes, recounted by the characters who cross don Quijote’s path (including the knight himself), in the form of speeches, testimonies, plays, jokes, poems, and so on. In at least one strict sense, these other stories have nothing to do with that path other than their interruptions of it and by it. Such a claim has its own strategic value and does not entirely contradict the reasonings of a long history of critics of the Quijote who have tended to argue from a variety of different standpoints for some kind of ideological cohesion that would bind the smaller episodes to the larger story that they interpolate. But at a certain ground zero of interpretation—albeit a paradoxical ground that prohibits a scholarly shelter to be built on it—no argument would be sufficient to establish such a coherence among the work’s separate narrative parts, since such an argument would live in the brief, oneiric intensity of the critic’s testimony and that testimony’s potential effects rather than in the composition of the work itself somewhere beyond its apprehension by reading. Nonetheless, out of the dismembered ensemble of the Quijote what does perhaps effect its own strange kind of life is the very play of ironic interruptions and frictions between the dismembered parts, the profusion of which seems to impose itself as the work’s own aggressive insistence on itself as something which makes sense possible by constantly provoking and unsettling sense. That is where we could begin to speak of don Quijote himself, not only as the phantasmatic agent of this unsettling but also as the mad promise of justice that could be said to motivate it.The play of interruptions in don Quijote’s own story begins to outline the shifting contours and living contradictions of this novel as a “text” in the sense in which Derrida [End Page 44] and others have used the term: that which “names or relates in its way... [a] conflict without encounter between law and singularity” [“Before the Law” 187]. Although the story of this “encounter” has been often recounted, it bears another citation here, at least because it seems to be forgotten more often than it is told. Even when it is told, the story is often muted in homage to the name of Derrida by writers who tacitly assume that Derrida’s is the only possible version of this “conflict without encounter.” That version would be better described as merely one particular ethical shaping or forcing—a powerful one—of a story that has been told, and remains untold, in uncountable ways. Nonetheless, such a democratic assessment of Derrida does not quite justify a dismissal of his version as merely one among others, since, for one thing, it would be unable to account for the astonishing hold that different versions of Derridean “deconstruction” continue to have on the imagination of North American... (shrink)

The work that we have the honour to present here in its first Italian translation is a short essay published by Carl Schmitt in the first half of the ‘10s in the German Journal Die Rheinlande and titled Don Quixote and the public. A very brief but at the same time dense piece of literary criticism in which the future Kronjurist of the Third Reich, in those years still engaged in his legal practice, offers to the readers a juvenile (...) proof of his vastly and heterogeneous interests, trying to determine which is the proper interpretation of the renowned masterpiece of Miguel de Cervantes: Don Quixote of the Mancha. A juvenile work, therefore, in which Schmitt, as we will try to highlight in the introduction that accompanies the translation, offers an interpretation of the novel and particularly of its main character focusing on the contraposition between the level of the simple reading and that of erudite valorisation, applying a methodology similar to that he used in the coeval Law and Judgement that in some ways anticipate the critique of Romanticism that he will develop just a few years later in Political Romanticism. (shrink)

Several years ago, the University of Minnesota hosted a lecture by Alan Milstein, a Philadelphia attorney specializing in clinical trial litigation. Milstein, who does not mince words, insisted on calling research studies “experiments.” “Don't call it a study,” Milstein said. “Don't call it a clinical trial. Call it what it is. It's an experiment.” Milstein's comments made me wonder: when was the last time I heard an ongoing research study described as a “human experiment”? The phrase is now almost always (...) associated with abuses. Asking a prospective subject to sign up for a medical experiment would probably get roughly the same response as asking him or her to sign up for a police interrogation. It wasn't always this way. In the early days of American bioethics, scholars used the word “experimentation” in the same neutral way that they later began to use “research study” and “clinical trial.”. (shrink)

The most recent challenge to the covering-law model of explanation charges that the fundamental explanatory laws are not true. In fact explanation and truth are alleged to pull in different directions. We hold that this gets its force from confusing issues about the truth of the laws in the explanation and the precision with which those laws can yield an exact description of the event to be explained. In defending this we look at Cartwright's major case studies and sketch an (...) amended covering-law model of explanation. (shrink)

The most recent challenge to the covering-law model of explanation (N. Cartwright, How the laws of Physics Lie) charges that the fundamental explanatory laws are not true. In fact explanation and truth are alleged to pull in different directions. We hold that this gets its force from confusing issues about the truth of the laws in the explanation and the precision with which those laws can yield an exact description of the event to be explained. In defending this we look (...) at Cartwright's major case studies and sketch an amended covering-law model of explanation. (shrink)

The covering law model of explanation has a staying power not even to be outdone by Lazarus. For at least forty years, writer after writer has tried to put it in its grave for the last time. The most recent efforts come from Nancy Cartwright (1983). Her slant is at once modern and old fashioned. It is modern in that unlike the familiar charge that the covering law model lets in too much, her charge is that it does not let (...) in enough. It is old fashioned in that the soft spot she presses is one recognized by Hempel and Oppenheim in their classical essay. (1948, p. 248).Cartwright challenges the requirement that the sentences constituting the explanans (in particular the law or laws) must be true. (shrink)

Impossible objects are those about which the philosopher, narrowly conceived, can hardly speak: poetry, film, music, humor. Such "objects" do not rely on philosophy for interpretation and understanding; they are already independent practices and sites of sensuous meaning production. As Elvis Costello has said, "writing about music is like dancing about architecture." We don't need literary theory in order to be riveted by the poem, nor a critic's analysis to enjoy a film. How then can philosophy speak about anything outside (...) of itself, namely all of those things which actually matter to us in this world? In Impossible Objects, Simon Critchley - one of the most influential and insightful philosophers writing today - extends his philosophical investigation into non-philosophical territories, including discussions on tragedy, poetry, humor, and music. In a series of engaging and enlightening conversations, Critchley reflects on his early work on the ethics of deconstruction; the recurring themes of mortality and nihilism; his defense of neo-anarchism; and his recent investigation into secular faith, or "a faith of the faithless". Essential reading for artists, academics, and general readers alike, this book explores the relationship between the philosophical world and those complex and fascinating "impossible objects" which give life meaning. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Wittgenstein on Non-Mediative CausalityJames C. KlaggeIn the late autumn of 1947 Wittgenstein dictated a selection of manuscript material to a typist1 that contains some remarks so striking that they merit extensive quotation:903. No supposition seems to me more natural than that there is no process in the brain correlated with associating or with thinking; so that it would be impossible to read off thought-processes from brain-processes. I mean this: (...) if I talk or write there is, I assume, a system of impulses going out from my brain and correlated with my spoken or written thoughts. But why should the system continue further in the direction of the centre? Why should this order not proceed, so to speak, out of chaos? The case would be like the following—certain kinds of plants multiply by seed, so that a seed always produces a plant of the same kind as that from which it was produced—but nothing in the seed corresponds to the plant which comes from it; so that it is impossible to infer the properties or structure of the plant from those of the seed that it comes out of—this can only be done from the history of the seed. So an organism might come into being even out of something quite amorphous, as it were causelessly; and there is no reason why this should not really hold for our thoughts, and hence for our talking and writing. (Zettel 608)904. It is thus perfectly possible that certain psychological phenomena cannot be investigated physiologically, because physiologically nothing corresponds to them. (Z 609)905. I saw this man years ago; now I have seen him again, I recognize him, I remember his name. And why does there have to be a cause of this remembering in my nervous system? Why must something or other, whatever it may be, be stored-up there in any form? Why must a trace have been left behind? Why should there not be a psychological regularity to which no physiological regularity corresponds? If this upsets our concepts of causality, then it is high time they were upset. (Z 610) [End Page 653]906. The prejudice in favor of psycho-physical parallelism is also a fruit of the primitive conception of grammar. For when one admits a causality between psychological phenomena, which is not mediated physiologically, one fancies that in doing so one is making an admission of the existence of a soul alongside the body, a ghostly soul-nature. (cf. Z 611)909. Why should not the initial and terminal states of a system be connected by a natural law, which does not cover the intermediary state? (Only don’t think of efficacy/influence [Wirkung]!) (Z 613)918. …Well—but now that the structure of the eye is known—how does it come about that we act, react, in this way? But must there be a physiological explanation here? Why don’t we just leave explaining alone?—But you would never talk like that, if you were examining the behavior of a machine!—Well, who says that a living creature, an animal body, is a machine in this sense?— (Z 614)Lest you think, or hope, these ideas were just a passing fancy of Wittgenstein’s, it is worth noting that these passages were among the ones that he cut from this typescript to save in a box and rearrange and perhaps revise for future use. They were published posthumously as Zettel.2What are we to make of these striking ideas? Do they hint at “mystical vitalism”? Is there an intellectual trajectory along which they can be located and appreciated, even if perhaps ultimately rejected? Or is he simply making a “natural” objection to reductionism about memory?3In an earlier publication I briefly offered a motivation for these views,4 but I now have more to say and wish to try again. Earlier I saw these passages primarily in relation to Wittgenstein’s other views about mental phenomena, but I now think something can be gained by seeing them in relation to his views about causality. Unfortunately causality is not a topic about which Wittgenstein had... (shrink)

How might recognizing the literary influences behind political concepts shift our understanding of their meaning? This article explores how Miguel de Cervantes’s Don Quixote shaped political concepts in the thought of the German jurist and Nazi Carl Schmitt. It does so by tracking Schmitt’s reflections on the Quixote throughout his oeuvre, from his early literary writings to his postwar book on Hamlet. Far from a curiosity, Schmitt’s scattered reflections on the Quixote show the extent to which his foundational political (...) concepts of myth and the public have their roots in literary analysis, challenging Schmitt’s own account of the nonpolitical role of aesthetics in The Concept of the Political. (shrink)

ExcerptCarl Schmitt (1888–1985) is known as the most consequential German legal and political mind of the twentieth century.1 Many crimes of the Nazi regime found support in his conceptual justifications, and Schmitt is called the “Crown Jurist” of the Third Reich with good reason. Historians, political scientists, and sociologists must grapple with the author in order to understand the course of totalitarianism in modernity. Whether literary historians should do so is far less settled, though he was fascinated by their object (...) of study. His writings on literary topics are said to reveal much about Schmitt’s person, politics, and period, but little about literature itself.2 This explains why his “Don Quijote und das Publikum” (“Don Quixote and the Public”), published in the arts and cultural journal Die Rheinlande in 1912, was almost unknown in literary studies for a century.3 Schmitt’s text on the novel by Miguel de Cervantes has not been reprinted, and until recently it had not been translated from the original German. Size has a role too. At under two thousand words, the text has probably escaped notice due to its small scale.4 Recent English and Italian translations in major humanistic journals may signal the end of its obscurity though.5 “Don Quixote and the Public” is at the door of literary studies. The question now is not whether to respond, but how. (shrink)

Remembering seems, to philosophers and scientists, one of the most mystifying of human activities. Yet natural language users have no problem understanding what is meant by ‘memory’. Memory is simply the ability to recall personally experienced events and certain kinds of information such as facts, names, or faces; or how to perform certain actions, like riding a bike or playing chess. It is on this basis that people sometimes make claims about themselves or others having a good or bad memory, (...) especially for things like names, numbers, or faces. Why then is memory such a mystery? Because, firstly, of its diversity: memory enables us to perform a plethora of different tasks, including the continuous interpretation of every moment of consciousness. Secondly, different forms of memory have different standards of accuracy, and often dramatically different criteria for success. (shrink)

This remarkable book presents a rich and up-to-date view of evolution that explores the far-reaching implications of Darwin's theory and emphasizes the power, significance, and relevance of evolution to our lives today. After all, we ourselves are the product of evolution, and we can tackle many of our gravest challenges -- from lethal resurgence of antiobiotic-resistant diseases to the wave of extinctions that looms before us -- with a sound understanding of the science.

Kant argues that the “discipline” of reason holds us to public argument and reflective thought. When we speak the language of reasoned judgment, Kant maintains, we “speak with a universal voice,” expecting and claiming the assent of all other rational beings. This language carries with it a discipline requiring us to submit our judgments to the forum of our rational peers. Remarkably, Kant does not restrict this thought to the realm of politics, but rather treats politics as the model for (...) reason's authority in all the provinces that rational beings inhabit. (shrink)

Anyone who has ever found herself or himself at odds with a boss, a board, a committee, a pastor, family member - or with any other institutional setting of which she or he my be a part - will find this book full of help and insight and wisdom. Conflicting Agendas is an invaluable guide to sorting out the complexities of individual moral existence in an increasingly complex and complicated world.

Carl Craver investigates what we are doing when we sue neuroscience to explain what's going on in the brain.

Kant argues that the “discipline” of reason holds us topublicargument and reflective thought. When we speak the language of reasoned judgment, Kant maintains, we “speak with a universal voice,” expecting and claiming the assent of all other rational beings. This language carries with it a discipline requiring us to submit our judgments to the forum of our rational peers. Remarkably, Kant does not restrict this thought to the realm of politics, but rather treats politics as the model for reason's authority (...) in all the provinces that rational beings inhabit. (shrink)

The purpose of this article is to advance a new understanding of gender as a routine accomplishment embedded in everyday interaction. To do so entails a critical assessment of existing perspectives on sex and gender and the introduction of important distinctions among sex, sex category, and gender. We argue that recognition of the analytical independence of these concepts is essential for understanding the interactional work involved in being a gendered person in society. The thrust of our remarks is toward theoretical (...) reconceptualization, but we consider fruitful directions for empirical research that are indicated by our formulation. (shrink)

This book offers a philosophical interpretation of the historical debate between Bentham and classical Common Law Theory, a debate that is fundamental to philosophical thought and has shaped contemporary conceptions of nature, tasks, and limits of law and adjudication. The author explores the philosophical foundations of Common Law theory, focusing particularly on the writings of Sir Mathew Hale and David Hume.

The thesis of this essay is that social conventions of the kind Lewis modeled are generated and maintained by a form of practical reasoning which is essentially common. This thesis is defended indirectly by arguing for an interpretation of the role of salience in Lewis’s account of conventions. The remarkable ability of people to identify salient options and appreciate their practical significance in contexts of social interaction, it is argued, is best explained in terms of their exercise of what I (...) call “salience reasoning,” a form of common practical reasoning. The more widely accepted understanding of salience competence, the “natural salience” understanding, fails as an interpretation of the notion at work in Lewis and Schelling (on whom Lewis relied) and is inadequate as an explanation of salience competence. (shrink)

Law bends the past of a community's common life towards its future. Precedent is one of law's favored tools for doing the bending, and legal systems that assign precedent a starring role seem especially mindful of time. Yet, mindfulness of time goes far deeper into law's DNA. It is not limited to the doctrine of precedent or unique to common‐law jurisdictions. Recognizing that time is an elemental dimension of human experience and basic ordering principle of practical agency, law utilizes and (...) orders time. Temporality is essential to law's distinctive mode of governance and guidance. (shrink)

In general, offers a good discussion of Dworkin's theory of interpretation. Postema is critically concerned with whether Dworkin commits himself to individualistic and privatistic sense of interpretation and how Dworkin articulates the logical independency of pre-interpretive paradigm instances or social facts which form the object of interpretation and the end which is interpretively posited in the act of interpretation. Criticisms, for the most part, appear to be compatible with Dworkin's overall theory and may simply be additional explication of the (...) character of interpretation. "There is nothing in Dworkin's meta-theory of interpretation of social practices that requires attention to the interpretive activities of fellow participants. Herein lies the strong "protestantism" of Dworkin's theory. Not only is each participant encouraged to take up the interpretive enterprise...but each individual participant also has access to the truth, as it were, about what the practice is and requires, though private interpretation of the practice-text. While Dworkin seems to recognize that the practice is common, he counsels participants to live as if each had a private understanding of his own." "It is problematic because it makes interpretation of social practices insufficiently practical, insufficiently intersubjective, and thus insufficiently political." Notes that the interpretive attitude when acting in a practice is relatively rare, usually becoming part of a practice is more like learning a discipline or technique. "[I]t may not be possible intelligibly to separate that point from the activies and rules in which it is expressed. The same meaning may, conceivably, be expressed in some other way, but this does not imply that the meaning is logically independent of the medium of expression." "That is, the behavior is logically separable from its interpretation only on pain of denying that the practice is common activity yielding common principles." "Often an agent may only come to understand his actions long after he has performed them, or may later come to see his actions in a very different light...First, on this view meaningful action is a primitive. Action is expressive of its meaning or purpose, but not resolvable into distinct behavior and purpose. But, since this purpose or meaning may not be fully or clearly articulated, interpretation can be seen as the activity of re-formulating and articulating it. Second, the 'meaning' of an action cannot be regarded as a private matter for the agent alone.". (shrink)

The relationship between metaphysics and psychology has different dimensions. An emblematic example of this relationship is the literary polemics between Martin Buber and Carl Jung about boundaries between the two areas of scientific knowledge. According to Buber, Jung allows himself to cross the border of psychology and psychiatry through metaphysical assertions, while Yung claims he doesn’t go beyond that, and all his speeches, even about transcendent objects, don’t leave the sphere of empiricism. The purpose of this article is to (...) reconstruct this dialogue and critically analyze it in view of the possibilities of thinking of the transcendence. (shrink)

This handbook offers a deep analysis of the main forms of legal reasoning and argumentation from both a logical-philosophical and legal perspective. These forms are covered in an exhaustive and critical fashion, and the handbook accordingly divides in three parts: the first one introduces and discusses the basic concepts of practical reasoning. The second one discusses the main general forms of reasoning and argumentation relevant for legal discourse. The third one looks at their application in law as well as at (...) the different areas of legal reasoning. The handbook’s division in three parts reflects its conceptual architecture, since legal reasoning and argumentation are considered in relation to the more general types of reasoning. (shrink)

In his historical perspective on the changes in scientific thought over the last 100 years, Carl N. Degler explores the study of social evolution and the ongoing search for human nature. In Search of Human Nature provides a detailed perspective on the reasons behind the shifting emphasis in social thought from biology, to culture, and again to biology. Degler examines why these changes took place, the evidence and people fostering these changes and why students of human nature decided to (...) accept this momentous change in thought. He suggests varying ideologies as the underlying force behind this shift in the study of social science. From Darwin's theory that human social behaviour has drastically evolved from animals, to the belief that human experience serves as the basic differentiating factor in humans, Degler provides a thorough and captivating examination of the roots of human behaviour. (shrink)

With In Search of Mechanisms, Carl F. Craver and Lindley Darden offer both a descriptive and an instructional account of how biologists discover mechanisms. Drawing on examples from across the life sciences and through the centuries, Craver and Darden compile an impressive toolbox of strategies that biologists have used and will use again to reveal the mechanisms that produce, underlie, or maintain the phenomena characteristic of living things. They discuss the questions that figure in the search for mechanisms, characterizing (...) the experimental, observational, and conceptual considerations used to answer them, all the while providing examples from the history of biology to highlight the kinds of evidence and reasoning strategies employed to assess mechanisms. At a deeper level, Craver and Darden pose a systematic view of what biology is, of how biology makes progress, of how biological discoveries are and might be made, and of why knowledge of biological mechanisms is important for the future of the human species. (shrink)

In this paper, we show that God is portrayed in the Hebrew Bible and in the Rabbinic literature—some of the very Hebrew texts that have influenced the three major world religions of Judaism, Christianity, and Islam—as One who can be argued with and even changes his mind. Contrary to fundamentalist positions, in the Hebrew Bible and other Jewish texts God is omniscient but enjoys good, playful argumentation, broadening the possibilities for reasoning and reasonability. Arguing with God has also had a (...) profound influence upon Jewish humor, demonstrating that humans can joke with God. More specifically, we find in Jewish literature that humor’s capacity to bisociate between different domains of human experience can share a symbiotic relationship with argumentation’s emphasis on producing multiple, contested perspectives. Overall, once mortals realize that figures such as God can accept many perspectives through humor, teasing, arguing, criticism, and in at least one case, even lawsuits, a critical point emerges: citizens should learn to live, laugh, and reason with others with whom they disagree. (shrink)