Contemporary tort theory is dominated by a debate between legal economists and corrective-justice theorists. Legal economists suppose that tortfeasors and tortious wrongs are false targets for cheapest cost-avoiders and avoidable future losses. Corrective-justice theorists argue powerfully that the economic account of tort as search for cheapest cost-avoiders with respect to future accidents does not capture the most fundamental fact about tort adjudication, namely, that the reason we hold defendants liable in tort is that they have wronged their victims and should (...) therefore repair the harm they have done. Deterring cheapest cost-avoiders from committing future harms no more justifies imposing liability in tort than deterring future crime justifies hanging the innocent. This is a powerful critique of the economic theory of tort, but it overshoots the mark. As an account of tort law, corrective justice puts the cart before the horse Tort is a law of wrongs, not just a law of redress for wrongs. Repairing harm wrongly done is the next best way of complying with an obligation not to do harm wrongly in the first place. Rights and remedies form a unity in which rights have priority. Corrective justice is thus an essential but subordinate aspect of tort. This paper develops this line of criticism of corrective-justice theory and offers an alternative account of tort that places primary norms of harm avoidance and respect for rights at its center. On this conception, tort isa law of wrongs, but its distinctiveness lies in the content and character of the wrongs with which it is concerned. At its core, tort is concerned with protecting essential conditions of individual agency. (shrink)

The tort law of negligence is one of our principal forms of protection against accidental physical injury. But it is underspecified in one respect and incomplete in another. The common law of negligence is underspecified in that its norm of reasonable care does not register clearly enough the fact that it is reasonable to take greater precautions against some kinds of physical injuries — severe and irreparable ones — than it is against other kinds — mild and fully repairable ones. (...) The common law of negligence is incomplete in that it relies on the award of money damages to induce prospective injurers to exercise reasonable care prospectively, yet does not so much as attempt to fully monetize the harm done by unreasonable risks that result in death. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Catholic Postliberalism in the Ruins of "the Catholic Moment"James F. KeatingA historically conversant reader interested in the current state of discourse regarding Catholicism and American politics will find a good amount of familiar discord. He will discover, for example, that the life issues continue to bedevil. Can a Catholic vote in good conscience for an abortion-rights candidate over a pro-life competitor if that candidate is more supportive of other (...) policies in line with Catholic Social Teaching? This issue has, of course, been with the American Church for some time now, even if it has taken on renewed urgency given the coincidence of the overturning of Roe v. Wade with the presidency of Joseph Biden, the second Roman Catholic to hold that office and a recent convert to pro-choice stridency. The action of the Supreme Court and the battles within the various states will ensure that abortion remains at the political heart of American Catholicism for years to come. One can say something similar about other issues, such as immigration, gun control, and economic justice. None of this will be found to be particularly surprising. The same cannot be said, however, of the return of a more fundamental question, one thought to have been settled since the mid-1960s. That question is whether Roman Catholicism and American liberal democracy are incompatible to the extent that Catholics ought to seek, if possible, another constitutional arrangement, one more friendly to the Catholic cause.Our reader would be familiar with the standard narrative that, while the existence of a medieval Church in a modern polity that upholds religious freedom had been a matter of concern since the dawn of the Republic, it [End Page 991] became serious only in the first half of the twentieth century as the number of Catholics and their influence grew. Until that time, American bishops, such as Archbishop John Ireland (1815–1918), made a special point of speaking publicly on the benefits of American freedom for the Church, just as they made clear that Catholics could be as patriotic as any other citizen. If there were tensions, they came primarily from anti-Catholic bigotry and governmental overreach. Things changed, however, when the point at issue was no longer primarily a religious one of Catholic believers infecting their Protestant neighbors with erroneous doctrine, but rather the threat so many Catholics posed to the fate of American freedom itself. In a postwar America concerned with the spread of Soviet communism, Paul Blanshard found a ready audience for his scholarly anti-Catholic diatribes, American Freedom and Catholic Power (1949) and Communism, Democracy, and Catholic Power (1951).1 Without much difficultly, he pointed to various statements of Gregory XVI and Pius IX condemning the separation of Church and state, the freedom of religious conscience, and democracy as the best governmental form. To top things off, he had Leo XIII's Testem Benevolentiae, an 1899 letter to the Cardinal Archbishop James Gibbons of Baltimore, warning him and his fellow bishops not to speak of the constitutional arrangement of the United States as a political ideal. While Leo had positive things to say about the American system, his admonition followed the traditional line: while constitutional protections of religious freedom are necessary when Catholics are in the minority, the ideal situation is a state that officially confesses and supports the Catholic religion. Of more recent vintage, Blanshard could quote the response of America's best-known Catholic theologian, Monsignor John A. Ryan, to the question of whether non-Catholics would be permitted to practice their religion in this ideal state:If these are carried on within the family, or in such inconspicuous manner as to be an occasion neither of scandal nor of perversion to the faithful, they may be properly tolerated by the State,... Quite distinct from the performance of false religious worship and preaching to the members of the erring sects, is the propagation of the false doctrine among Catholics. This could become a source of injury, a positive menace, to the religious welfare of true believers. Against such an evil they have a right of protection by the Catholic State... If there is only one true religion, and... (shrink)

Putnam discusses each of the fifteen odes found in the book, studying the work both as a whole and as a series of interactive units.

Vlastos, G. Introduction: the paradox of Socrates.--Lacey, A. R. Our knowledge of Socrates.--Dover, K. J. Socrates in the Clouds.--Robinson, R. Elenchus.--Robinson, R. Elenchus, direct and indirect.--Robinson, R. Socratic definition.--Nakhnikian, G. Elenctic definitions.--Cohen, S. M. Socrates on the definition of piety: Euthyphro 10A-11B.--Santas, G. Socrates at work on virtue and knowledge in Plato's Laches.--Burnyeat, M. F. Virtues in action.--Walsh, J. J. The Socratic denial of Akrasia.--Santas, G. Plato's Protagoras and explanations of weakness.--Woozley, A. D. Socrates on disobeying the law.--Allen, R. E. (...) Plato's earlier theory of forms. (shrink)

In this paper, we defend the view that Spinoza is committed to allowing for the existence of a plurality of possible worlds, that his necessitarianism is merely moderate, not strict enough to exclude the possibility of other worlds. To show that evidence for attributing strict necessitarianism to Spinoza is lacking, we shall concentrate on Don Garrett's article, “Spinoza's Necessitarianism,” in the conviction that his case for attributing strict necessitarianism to Spinoza is the strongest one available.

The theory of lower previsions is designed around the principles of coherence and sure-loss avoidance, thus steers clear of all the updating anomalies highlighted in Gong and Meng's "Judicious Judgment Meets Unsettling Updating: Dilation, Sure Loss, and Simpson's Paradox" except dilation. In fact, the traditional problem with the theory of imprecise probability is that coherent inference is too complicated rather than unsettling. Progress has been made simplifying coherent inference by demoting sets of probabilities from fundamental building blocks to secondary representations (...) that are derived or discarded as needed. (shrink)

Cornelius Castoriadis is a fascinating figure, not only because of his personal and intellectual background, but because of the extraordinary breadth of his interests and his ability to play the brilliant intellectual jester - all characteristics in abundant evidence in this collection of essays. In them, Castoriadis goes to the heart of deep philosophical issues raised but not answered by modern thought.The book presents his concerns with the development of analytical theories of psychology, language, and politics, all commonly rooted (...) in the social and historical aspects of human creativity. It examines figures as diverse as Aristotle, Heidegger, Lacan, Marx, and Merleau-Ponty.Cornelius Castoriadis was for a long time a professional economist and is now a practicing psychoanalyst in Paris. He founded and became the main theoretician for the independent journal of the left, Socialisme ou Barbarie. (shrink)

This article first briefly examines the textual structure of the Vangisathera Samyutta of the Pali Samyutta-nikaya in conjunction with two other versions preserved in Chinese translation in Taisho vol. 2, nos. 99 and 100. Then it compares the main teachings contained in the three versions. These three versions of this collection on the subject of the venerable Vangisa represent three different early Buddhist schools within the Sthavira branch. This comparative study of these three different versions focuses on three major topics: (...) Arhants at the pravarana ceremony; sensual desire and the way to extinguish it; and the Buddha’s teachings to Vangisa. It reveals similarities and significant differences in structure and doctrinal content, thus advancing the historical/critical study of early Buddhist doctrine in this area. (shrink)

This paper undertakes textual exegesis and rational reconstruction of Mukula Bhaṭṭa’s Abhidhā-vṛttta-mātṛkā, or “The Fundamentals of the Communicative Function.” The treatise was written to refute Ānandavardhana’s claim, made in the Dhvanyāloka, that there is a third “power” of words, vyañjanā (suggestion), beyond the two already accepted by traditional Indian philosophy: abhidhā (denotation) and lakṣaṇā(indication).1 I argue that the explanation of lakṣaṇā as presented in his text contains internal tensions, although it may still be a compelling response to Ānandavardhana.

As a work of social theory, I would argue that it belongs in a class with the writings of Habermas and Arendt". -- Jay Bernstein, University of Essex This is one of the most original and important works of contemporary European thought.

This article examines the construction of image recognition algorithms for the classification of plant pathology problems. Rooted in science and technology studies research on the effects of agricultural big data and agricultural algorithms, the study ethnographically examines how algorithms for the recognition of plant pathology are made. To do this, the article looks at the case of a German agtech startup developing image recognition algorithms for an app that aims to help small-scale farmers diagnose plant damages based on digital images (...) of their symptoms. The study posits that the construction of these algorithms can be grasped as a succession of layers, at each of which the startup’s employees carry out different selection practices. It is argued that these practices gradually inscribe a selective recognition of the phenomenon of plant pathology into the algorithms of the app. This selective recognition is reflected in the fact that the emerging algorithms are effective in identifying isolated plant damages on isolated crops, while ignoring most agroecosystem-related actors and relations through which plant damages arise. The article concludes that the app’s selective recognition of plant pathology is likely to perpetuate or even exacerbate the pesticide use of its users. This is because the app’s view of plant pathology as a phenomenon comprised of isolated plant damages on isolated crops is more compatible with the use of chemical pesticides than with approaches to crop protection that strive for a more moderate use of these substances (e.g., integrated pest management, agroecology, organic agriculture). (shrink)

The integration of biomedical terminologies is indispensable to the process of information integration. When terminologies are linked merely through the alignment of their leaf terms, however, differences in context and ontological structure are ignored. Making use of the SNAP and SPAN ontologies, we show how three reference domain ontologies can be integrated at a higher level, through what we shall call the OBR framework (for: Ontology of Biomedical Reality). OBR is designed to facilitate inference across the boundaries of domain ontologies (...) in anatomy, physiology and pathology. (shrink)

This collection presents a broad and compelling overview of the most recent work by a world-renowned figure in contemporary thought. The book is in four parts: Koinonia, Polis, Psyche, Logos. The opening section begins with a general introduction to the author's views on being, time, creation, and the imaginary institution of society and continues with reflections on the role of the individual psyche in racist thinking and acting. The second part is a critique of those who now belittle and distort (...) the meaning of May 1968 and other movements of the sixties as well as the French Revolution. In part three, Castoriadis shows how psychoanalysis, like politics, can contribute to the project of individual and collective autonomy and challenges Lacan, Foucault, and Derrida, and others in his report on 'The State and Subject Today'. Finally he examines how Aristotle's original aporetic discovery and cover-up of the imagination were repeated by Kant, Freud, Heidegger, and even Merleau-Ponty. (shrink)

This is the first German volume for more than one century, dealing with the two main subjects that have dominated the present reception of the Spanish philosopher and theologian Francisco Suárez (1548-1617): metaphysics and law theory. The contributors discuss both Suárez as an influential thinker of modern European school metaphysics and as a representant of a global law philosophy and ethics. They also debate on the combination of theory and praxis in the light of the question which commitment a universal (...) First Philosophy could have today. The volume is complimented by an introduction to Suárez's works and vita, an overview and guide to recent primary and secondary literature, as well as a name register.--publlisher's desciption. (shrink)

Improvements in the health capital of citizens are central to the development of countries. By exploiting steep decreases in antiretroviral drug prices and the subsequent increases in antiretroviral therapy (ART) coverage, we test whether the resulting improvements in the health of the population are associated with the prevalence of entrepreneurial activity and whether entrepreneurial activity strengthens the relationship between ART coverage and a country’s development. Drawing on a sample of 87 low- and middle-income countries (2006–2019), we find that a 1% (...) increase in ART coverage is associated with a 1.5% increase in the number of newly registered limited liability firms; however, there is no significant relationship with (male or female) self-employment. Higher ART coverage is particularly associated with development—as proxied by gross domestic product (GDP) per capita and the Human Development Index—in countries with low levels of new business formation and high proportions of self-employment. (shrink)

This study adopts a heuristic technique to argue the thesis that a set of norms rooted in the African philosophy of Ubuntu can usefully supplement current research guidelines for dealing with incidental findings discovered in genomic research. The consensus regarding incidental findings is that there is an ethical obligation to return individual genetic incidental findings that meet the threshold of analytic and clinical validity, have clinical utility, and are actionable, provided that research contributors have not opted out from receiving such (...) information. This study outlines the hurdles that may hinder the integration of this consensus in mainstream clinical practice, and shows how an ethical theory from the global south may be used to address the same. This will advance the field of ethical, legal and social issues of personalized medicine by providing exposure to the under-represented African perspective on the ethical, legal, and social issues of genomics. (shrink)

The original essays in this volume call into question the simplistic strategy of characterizing religion by some abstract set of propositions and then judging it by means of an independently determined standard of rationality.

These remarkable essays include Cornelius Castoriadis's latest contributions to philosophy, political and social theory, classical studies, development theory, cultural criticism, science, and ecology. Examining the "co-birth" in ancient Greece of philosophy and politics, Castoriadis shows how the Greeks' radical questioning of established ideas and institutions gave rise to the "project of autonomy". The "end of philosophy" proclaimed by Postmodernism would mean the end of this project. That end is now hastened by the lethal expansion of technoscience, the waning of (...) political and social conflict, and the resignation of intellectuals who blindly defend Western culture as it is or who merely denounce or "deconstruct" it as it has been. Discussing and criticizing Plato, Aristotle, Leibniz, Kant, Hegel, Weber, Heidegger, and Habermas, the author of The Imaginary Institution of Society and Crossroads in the Labyrinth poses a radical challenge to our inherited philosophy. (shrink)

The research addressed the issue of symbolic walls that divide, segregate, preserve and institutionalise. The way in which institutions and especially the Faculty of Theology at the University of Pretoria facilitated symbolic ‘walls’ was discussed in the overview of the Department of Science of Religion and Missiology in the first century of the Faculty of Theology. The concepts of ‘gatekeepers’ and ‘traders’ were then applied because walls, paradoxically, need gates to facilitate control, movement and, eventually, life. Gatekeepers were described as (...) the guardians of the status quo, and traders as agents who, in one way or another, facilitate movement, trade, flow and life in the midst of the shadows of walls. Missionaries are, by the very nature of the missionary enterprise, more traders than gatekeepers. Here, the work of Bosch – specifically his ground-breaking work on mission as contextualisation – provides an explanation of the art of mission as breaking down walls, opening gates and empowering traders. That is precisely why Missiology is particularly well suited to assist the church and theology in the art of breaking down walls. The theological imperative of contextualisation means that the life of the church, theology, and thus theological training, cannot do without Missiology. The concept of ‘deep contextualisation’ was discussed as a particularly relevant approach to include a post-anthropomorphic discourse in Missiology. It can assist with the reorientation of the history of mission on the whole of history and, thus, also deep history. The concept also provides a way to address the discourses on colonialisation and includes a reorientation on the future and embracing hope. (shrink)

In this article, we contend that due to their size and emphasis upon addressing external social concerns, the corporate relationship between social enterprises, social awareness and action is more complex than whether or not these organisations engage in corporate social responsibility (CSR). This includes organisations that place less emphasis on CSR as well as other organisations that may be very proficient in CSR initiatives, but are less successful in recording practices. In this context, we identify a number of internal CSR (...) markers that may be applied to measuring the extent to which internal CSR practices are being observed. These considerations may be contrasted with the evidence that community based CSR activities is often well developed in private sector small to medium sized enterprises (SMEs) (Observatory of European SMEs, 2002), a situation which may be replicated in social enterprises especially those that have grown from micro-enterprises embedded in local communities. We place particular emphasis upon the implications for employee management. Underpinning our position is the Aristotelian-informed capabilities approach, a theory of human development and quality of life, developed by Sen (1992; 1999) and Nussbaum (1999) which has been developed further, in an organisational context, (e.g., Cornelius, 2002); Cornelius and Gagnon, 2004; Gagnon and Cornelius, 1999; Vogt, 2005. We contend that the capabilities approach offers additional insights into CSR in social enterprises in general and internal CSR activity in particular. Our article concludes with proposals for future research initiatives and reflections upon social enterprise development from a capabilities perspective. (shrink)

This study evaluates the conflict between patient confidentiality and partner notification in sero‐discordant relationships, and argues the thesis that based on a theoretical formulation of Ubuntu, a health provider is obliged to facilitate friendly relationships in which individuals are true subjects and/or objects of communal friendship. In serodiscordant relationships, the health professional can fulfil this obligation by notifying “others” (particularly a partner with whom an HIV positive patient has a “present” and “actual relationship”) of their spouse's HIV seroconversion, since without (...) such relevant information a partner (subject) of an HIV positive patient cannot “appropriately” care for the patient's condition (object). There is a need to move away from the medical traditional emphasis that has for so long put primacy on doctor‐patient confidentiality as is the case with the Health Professions Council of South Africa Guidelines (Booklet 12) which favours patient confidentiality over partner notification. Given empirical evidence to support effectiveness of partner notification amongst sero‐discordant couples, there is thus, a need to focus emphasis on latter. This shift is necessary for achieving the United Nations’ Sustainable Development of Goal of ending HIV/AIDS epidemic by 2030. I proposed in this study that African ethics, specifically Ubuntu, will do a better job than current ethical frameworks at ensuring that partner notification receives more emphasis in the care of serodiscordant couples. If this framework is integrated into ethical guidelines and codes, it would significantly enhance the care of serodiscordant couples, as well as further boost global effort at ending HIV/AIDS epidemic by 2030. (shrink)

Faced with the serious threat of the deadly coronavirus, governments of different nations were swift to respond to the pandemic by declaring national lockdowns. Having confirmed fewer than ten cases of coronavirus that had tested positive, Zimbabwe called for a national lockdown which initially lasted three weeks before declaring it ‘indefinite’. Despite the fact that the lockdown declared in Zimbabwe was in the interest of public health, anecdotal evidence indicates that there has been an inextricable nexus between the lockdown and (...) increased corrupt tendencies. This paper, which is a product of qualitative research, utilised a narrative research approach and documentary analysis to explicate the relationship between Zimbabwe’s coronavirus lockdown and corruption. The paper looks at the different forms of corruption that occurred during the coronavirus lockdown in Zimbabwe and the implication of these on the well-being and welfare of economically vulnerable groups. In conclusion, the paper indicates the role that can be played by pro-human rights professionals such as social workers in the fight against corruption during emergency times to ensure transparency and accountability. (shrink)

This paper demonstrates how ubuntu relational philosophy may be used to ground beneficial coercive care without necessarily violating a patient’s dignity. Specifically, it argues that ubuntu philosophy is a useful theory for developing necessary conditions for determining a patient’s potential dangerousness; setting reasonable limits to the duty to protect; balancing the long-term good of providing unimpeded therapy for patients who need it with the short-term good of protecting at-risk parties; and advancing a framework for future case law and appropriate regulations (...) in the care of psychotherapy patients. Issues regarding the decision to breach medical confidentiality in psychotherapeutic care are ultimately reserved for the courts. Professional assessment might be an important first step in this process, and court rulings govern most aspects of this assessment. However, current case law, especially in the United States, places an unreasonable expectation on psychotherapists to protect all at-risk parties or foresee that a patient intends to follow through on said threats. It has largely failed to guarantee psychotherapy patients unlimited access to care, while potentially inhibiting future honest communication between patients and health professionals and endangering the safety of others. Of these decisions, the two most prominent are the 1976 Tarasoff decision and the 2016 Volk decision. This paper argues for the possibility of grounding good laws in ubuntu African philosophy in a way that protects others from harm and ensures unimpeded access to care without necessarily breaching medical confidentiality. (shrink)