This paper explores how the widely acknowledged conception of tort law as corrective justice is to be applied to the law of negligence. Corrective justice is an ordering of transactions between two parties which restores them to an antecedent equality. It is thus incompatible with the comprehensive aggregation of utilitarianism, and it stands in easy harmony with Kantian moral notions. This conception of negligence law excludes both maximizing theories, such as Holmes' and Posner's, and Fried's risk pool, which combines (...) Kantianism with distributive rather than corrective justice.Central to the Kantian approach is the impermissibility of self-preference. The two types of self-preference, self-preference in conception and self-preference in action can respectively account for the objective standard and the Learned Hand test, which are the two most characteristic features of negligence and which are generally (and wrongly) considered to be inescapably aggregative. This corrective justice conception of the negligence standard can then be compared to Epstein's corrective justice conception of strict liability, and arguments can be offered in favour of the superiority of the former. (shrink)

The book combines philosophical exposition and legal analysis, and pays special attention to issues of tort law.

Extends the ideas of social constructivism to the philosophy of mathematics, developing a powerful critique of traditional absolutist conceptions of mathematics, and proposing a reconceptualization of the philosophy of mathematics.

Examines men's efforts to escape from the fear of death by performing acts of human wickedness through socially-sanctioned institutions.

In this new edition are a detailed bibliography, index, and textual supplements, making it the perfect text for scholars and advanced students of Hume, ...

This is a new release of the original 1927 edition.

Community-researcher partnerships constitute one of the most important recent developments in biomedical ethics. The partnerships protect vulnerable communities within which research is conducted and help ensure that the communities benefit from the research. At the same time, they embody deep, core values about the social nature of persons and the value of community that significantly modify the radical individualism too often associated with the prevailing concepts of autonomy and respect for persons. This article examines the burgeoning literature on community-researcher partnerships (...) to identify the main ways of thinking ethically about the obligations of investigators and the roles and rights of communities in scientific research. The paper helps to uncover the deep commonalities and differences that mark the current debate in this emerging arena of research ethics, a debate over the social nature of persons that is beginning to influence the understanding of other bioethical issues. (shrink)

Drawing from religion and the human sciences, particularly psychology after Freud, the author attempts to demonstrate that the fear of death is man's central ...

THE INDICATIVE CONDITIONAL. A PROBABILISTIC CRITERION OF SOUNDNESS FOR DEDUCTIVE INFERENCES Our objective in this section is to establish a prima facie case ...

For decades, nursing as a discipline has tried to establish itself within the socio‐professional and the socio‐political arenas. To date, several theorists have attempted to thoroughly define the essence (ontology) of nursing while others have proposed means (syntax) to achieve this ‘collective’ objective. Considering that this preoccupation, rooted in essentialism, is pervasive in the nursing literature, our claim is that these quests should be criticized because they impede innovative and transdisciplinary approaches to nursing theory. Our criticism includes the perspective supported (...) by the so‐called ‘postmodern nursing theorists’. We argue that the oeuvre of some nursing postmodern scholars is as prescriptive and linear as the ones they critique. Like it was done before, the discourse of these thinkers perpetuates the status quo by excluding alternative forms of knowledge that cross the boundaries of the discipline of nursing. Using the work of Deleuze and Guattari, this paper proposes an alternative way to conceive the development of nursing knowledge, which, we think, could represent an alternative way to explore the discipline of nursing. (shrink)

A seminal work on the unconscious and its mechanisms. Examines the interaction between voluntary (conscious) and involuntary (unconscious) human control mechanisms in terms of dissociation of divided consciousness. Delineates a neodissociation interpretation that recognizes historical roots without requiring commitment. Presents a wide range of data on possession states, fugues, multiple personalities, amnesia, dreams, hallucinations, automatic writing, and aggressions.

The standard use of the propositional calculus ('P.C.?) in analyzing the validity of inferences involving conditionals leads to fallacies, and the problem is to determine where P.C. may be ?safely? used. An alternative analysis of criteria of reasonableness of inferences in terms of conditions of justification rather than truth of statements is proposed. It is argued, under certain restrictions, that P. C. may be safely used, except in inferences whose conclusions are conditionals whose antecedents are incompatible with the premises in (...) the sense that if the antecedent became known, some of the previously asserted premises would have to be withdrawn. (shrink)

There are those who would argue that, recently, the profession of nursing has made a radical shift, while others believe that a schism has been created among both scholars and clinicians as a result of the emerging dominance of the evidence‐based nursing movement. This paper offers a philosophical critique of this movement using Gilles Deleuze and Felix Guattari’s concept of schizoanalysis. As a conclusion, the authors posit that nursing professionals maintain a stance of academic freedom of thought and scientific integrity (...) through the acceptance of multiplicity, diversity, and polyvocality, and by challenging with politically charged concepts the totalizing perspectives that often spread through the profession/discipline of nursing. (shrink)

Gellner's political philosophy in these volumes combines the down-to-earth realism of political sociology with a rational treatment of the normative issues of traditional political thought. In these essays Gellner strives to understand the religions of nationalism, communism and democracy, returning again and again to the basic values of the liberal: social tolerance, rational criticism, human decency and justice.

This Handbook represents a collective exploration of the emerging field of applied philosophy of language. The volume covers a broad range of areas where philosophy engages with linguistic aspects of our social world, including such hot topics as dehumanizing speech, dogwhistles, taboo language, pornography, appropriation, implicit bias, speech acts, and the ethics of communication. An international line-up of contributors adopt a variety of approaches and methods in their investigation of these linguistic phenomena, drawing on linguistics and the human and social (...) sciences as well as on different philosophical subdisciplines. The aim is to map out fruitful areas of research and to stimulate discussion with thought-provoking essays by leading and emerging philosophers. (shrink)

This volume of _Philosophical Issues_, on normativity, has unusually broad scope, and should have correspondingly broad appeal both because of its issues and because of its contributors. This volume includes pieces on moral psychology, theory of reasons and rationality, political philosophy, ethics, metaethics, and epistemology. Includes a book symposium on Brad Hooker's _Ideal Code, Real World_, with contributions by Richard Arneson and Alison McIntyre, along with Brad Hooker's response.

This book is meant to be a primer, that is, an introduction, to probability logic, a subject that appears to be in its infancy. Probability logic is a subject envisioned by Hans Reichenbach and largely created by Adams. It treats conditionals as bearers of conditional probabilities and discusses an appropriate sense of validity for arguments such conditionals, as well as ordinary statements as premisses. This is a clear well-written text on the subject of probability logic, suitable for advanced undergraduates or (...) graduates, but also of interest to professional philosophers. There are well-thought-out exercises, and a number of advanced topics treated in appendices, while some are brought up in exercises and some are alluded to only in footnotes. By this means, it is hoped that the reader will at least be made aware of most of the important ramifications of the subject and its tie-ins with current research, and will have some indications concerning recent and relevant literature. (shrink)

Two protechnology arguments, the “hopeful principle” and the “automatic escalator”, often used in bioethics, are identified and critically analysed in this paper. It is shown that the hopeful principle is closely related to the problematic precautionary principle, and the automatic escalator argument has close affinities to the often criticised empirical slippery slope argument. The hopeful principle is shown to be really hopeless as an argument, and automatic escalator arguments often lead nowhere when critically analysed. These arguments should therefore only be (...) used with great caution. (shrink)

The purpose of this note is to dispute Michael Ayers' claim that "there is no special problem of subjunctive conditionals".

The Politics is one of the most influential texts in the history of political thought, and it raises issues which still confront anyone who wants to think seriously about the ways in which human societies are organized and governed. By examining the way societies are run--from households to city states--Aristotle establishes how successful constitutions can best be initiated and upheld. For this edition, Sir Ernest Barker's fine translation, which has been widely used for nearly half a century, has been (...) extensively revised to meet the needs of the modern reader. The accessible introduction and clear notes examine the historical and philosophical background of the work and discuss its significance for modern political thought. (shrink)

Psychoanalysis has had a profound impact on popular morals, for Freud's discoveries have made us aware that unconscious motivations may subvert moral conduct and that moral judgments may be rationalizations of self-interest or expressions of hostility. Freud has, in fact, been called a founder of the "hermeneutics of suspicion" that pervades modern attitudes toward morality. In this book, however, a psychoanalyst who is also a professor of ethics asserts that we do not accurately understand Freud on the various psychological issues (...) relevant to morality and the ethical implications that can be drawn from his views. Ernest Wallwork offers a bold reinterpretation of Freudian theory, showing the ways in which it points toward the possibility of genuine moral behavior. Wallwork provides close textual analyses of Freud's works from a new philosophical perspective, considering such central Freudian doctrines as psychic determinism, the pleasure principle, narcissism, object-love, and defense mechanisms. He demonstrates that, contrary to widespread belief, Freud's views on determinism allow for moral responsibility, his understanding of the pleasure principle and narcissism allows for acting out of concern of others, and his critique of the cultural superego is grounded in an ethic informed by ego rationality. Focusing throughout on Freud's seminal understanding of the self-in-conflict, Wallwork finds and ethical theory suggested by Freud's work that is naturalistic and grounded in a concept of human flourishing and regard for others and concerned with the common good, special relations, and individual rights. (shrink)

We study the fine structure of the core model for one Woodin cardinal, building of the work of Mitchell and Steel on inner models of the form . We generalize to some combinatorial principles that were shown by Jensen to hold in L. We show that satisfies the statement: “□κ holds whenever κ the least measurable cardinal λ of order λ++”. We introduce a hierarchy of combinatorial principles □κ, λ for 1 λ κ such that □κ□κ, 1 □κ, λ □κ, (...) κ□κ*. We prove that if holds in V. As an application, we show that ZFC + PFA Con. We also obtain one Woodin cardinal as a lower bound on the consistency strength of stationary reflection at κ+ for a singular, countably closed limit cardinal κ such that # exists; likewise for the failure of □κ* at such a κ. (shrink)

One of the arguments that is often put forward in the discussion of human cloning is that it is in itself wrong to create a copy of a human being.

This paper presents an exposition of subsystems and of Quine's , originally defined and shown to be consistent by Crabbé, along with related systems and of type theory. A proof that (and so ) interpret the ramified theory of types is presented (this is a simplified exposition of a result of Crabbé). The new result that the consistency strength of is the same as that of is demonstrated. It will also be shown that cannot be finitely axiomatized (as can and (...) ). (shrink)

ABSTRACTPast research reveals important connections between meditative practices and compassion. Most studies, however, focus on the effects of one type of meditation (vs. a no-intervention control...

Contemporary ethicists largely ignore the recent, revolutionary findings of psychodynamic psychology. The author argues that ethicists have been dissuaded from taking psychodynamic psychology seriously by hostile attacks on the credibility of the psychodynamic paradigm, and confusion about the contribution that clinical findings can make to ethics. With respect to these obstacles, the credibility of the psychodynamic paradigm is vouchsafed by a growing body of empirical studies that support the main psychodynamic hypotheses, particularly those of interest to ethicists. This new research (...) points toward the need to expand the range of issues covered by contemporary ethics by retrieving and updating the ancient tradition of askesis, involving thought-exercises oriented towards cultivation of habits of mind conducive to acting morally in one's daily activities. The paper concludes by sketching several ways in which self-reflection may improve moral decision-making. (shrink)

The five main arguments that Freud employs against the love commandment in "Civilization and Its Discontents" are examined in light of the psychological and ethical doctrines they presuppose. Freud's theory of narcissism is explored for its implications regarding psychological egosim, altruism, mutuality, universal love, and equality. A normative response to Freud's critique of the love commandment is sketched.

Biblical ethics -- The insights of history.

This paper analyses the British Human Fertilisation and Embryology Authority's 2002 public consultation on sex selection, a consultation that was mainly concerned with sex selection for non-medical reasons. Based on a close reading of the consultation document and questionnaire it is argued that the consultation is biased towards certain outcomes and can most plausibly be construed as an attempt not to investigate but to influence public opinion.

This paper analyses the question what other healthcare professions should learn from nursing ethics, e.g. what should medical ethics learn from nursing ethics. I first analyse and reject all strong versions of the claim that nursing ethics is unique, because nursing is a unique practice. I then move to the question of whether the link between nursing ethics and nursing theory can be a model for other areas of healthcare ethics. I provide an analysis of the possibility of creating a (...) theory of medicine and find that there cannot be a theory of medicine, and I argue briefly that this finding is also applicable to nursing. If there cannot be a theory of nursing, this entails that nursing ethics cannot be justifiably based on such a theory. In the final section, I then analyse the success of nursing ethics in resisting certain of the vices of Anglo‐American analytic ethics, in particular the reductionism and individualism that characterizes much of healthcare ethics. I conclude that other healthcare ethics could usefully learn from this aspect of nursing ethics. (shrink)