What resources do we have, Frohock asks, to develop a version of public reason which can succed even in the deep pluralism anticipated in democratic practices ...

Name der Zeitschrift: Der Islam Jahrgang: 91 Heft: 1 Seiten: 20-36.

Book reviewed in this article: Preserving Life: Public Policy and the Life Not Worth Living. By Richard Sherlock.

The authors of this article are previous or current members of the Clinical Ethics Consultation Affairs (CECA) Committee, a standing committee of the American Society for Bioethics and Humanities (ASBH). The committee is composed of seasoned healthcare ethics consultants (HCECs), and it is charged with developing and disseminating education materials for HCECs and ethics committees. The purpose of this article is to describe the educational research and development processes behind our teaching materials, which culminated in a case studies book called (...) A Case-Based Study Guide for Addressing Patient-Centered Ethical Issues in Health Care (hereafter, the Study Guide). In this article, we also enumerate how the Study Guide could be used in teaching and learning, and we identify areas that are ripe for future work. (shrink)

Einstein’s razor, a corollary of Ockham’s razor, is often paraphrased as follows: make everything as simple as possible, but not simpler. This rule of thumb describes the challenge that designers of a legal system face—to craft simple laws that produce desired ends, but not to pursue simplicity so far as to undermine those ends. Complexity, simplicity’s inverse, taxes cognition and increases the likelihood of suboptimal decisions. In addition, unnecessary legal complexity can drive a misallocation of human capital toward comprehending and (...) complying with legal rules and away from other productive ends. While many scholars have offered descriptive accounts or theoretical models of legal complexity, most empirical research to date has been limited to simple measures of size, such as the number of pages in a bill. No extant research rigorously applies a meaningful model to real data. As a consequence, we have no reliable means to determine whether a new bill, regulation, order, or precedent substantially effects legal complexity. In this paper, we begin to address this need by developing a proposed empirical framework for measuring relative legal complexity. This framework is based on “knowledge acquisition”, an approach at the intersection of psychology and computer science, which can take into account the structure, language, and interdependence of law. We then demonstrate the descriptive value of this framework by applying it to the U.S. Code’s Titles, scoring and ranking them by their relative complexity. We measure various features of a title including its structural size, the net flow of its intra-title citations and its linguistic entropy. Our framework is flexible, intuitive, and transparent, and we offer this approach as a first step in developing a practical methodology for assessing legal complexity. (shrink)

While there has been a resurgence in Malebranche scholarship in the anglophone world over the last twenty years, most of it has focused on Malebranche’s theory of ideas, and little attention has been paid to his philosophy of mind. Schmaltz’s book thus comes as a welcome addition to the Malebranche literature; that he has given us such a well-researched and carefully argued study is even more welcome. The focus of this work is Malebranche’s split with Descartes on the question of (...) our knowledge of the nature of the mind; the book concentrates specifically on Malebranche’s rejection of the claim that we know the nature of the mind better than we know the nature of body. Schmaltz maintains that Malebranche’s arguments for his position are, for the most part, successful against the Cartesians who opposed him, though he claims—and this is perhaps the central claim of the book—that “Malebranche took his negative thesis concerning our knowledge of the soul to involve not so much a rejection of Cartesianism as an internal correction of it”. While acknowledging that Augustine was “the primary inspiration for [Malebranche’s] view of the ideas that are the objects of perception”, Schmaltz’s interpretation of Malebranche’s theory of the soul “presents it as fundamentally Cartesian”. According to Schmaltz, not only is Malebranche closer to Descartes in this regard than is generally thought, he is closer to him than are many other Cartesians. Part 1 of the book examines Malebranche’s position that while we have certain knowledge of the soul’s existence, we have only confused knowledge of its nature. Part 2 focuses on Arnauld’s objection that if in fact we had no clear idea of the soul, we could not, despite Malebranche’s claims to the contrary, know anything of its immortality, spirituality, or freedom. (shrink)

Adequality, or παρισóτης (parisotēs) in the original Greek of Diophantus 1 , is a crucial step in Fermat’s method of finding maxima, minima, tangents, and solving other problems that a modern mathematician would solve using infinitesimal calculus. The method is presented in a series of short articles in Fermat’s collected works (1891, pp. 133–172). The first article, Methodus ad Disquirendam Maximam et Minimam 2 , opens with a summary of an algorithm for finding the maximum or minimum value of an (...) algebraic expression in a variable A. For convenience, we will write such an expression in modern functional notation as f (a). 3 The algorithm can be broken up into six steps in the following way:Introduce an auxiliary .. (shrink)

We show that strong measure zero sets -totally bounded metric space) can be characterized by the nonexistence of a winning strategy in a certain infinite game. We use this characterization to give a proof of the well known fact, originally conjectured by K. Prikry, that every dense \ subset of the real line contains a translate of every strong measure zero set. We also derive a related result which answers a question of J. Fickett.