What is the future of legal philosophy? No doubt it has many. But we are betting that jurisprudence will gravitate towards freedom. Freedom, the attribute of the human subject, has largely been absent from legal philosophy. This is a lack that psychoanalytic jurisprudence aims to correct. In this essay, drafted as chapter in "On Philosophy in American Law" (Francis Jay Mootz III, ed.) to be published by the Cambridge University Press, we set forth what we think are the primary differences (...) between a jurisprudence based in the Continental tradition of speculative philosophy, and the liberal jurisprudences that dominate in the American academy. Most importantly, all liberal theories start with some intuition of the free, autonomous individual. In contrast, psychoanalysis views the subject's definition as the problem of philosophy. For psychoanalysis, as reformulated by Jacques Lacan, personality and freedom cannot exist in any empirical or hypothetical state of nature because nature is unfree - bound by iron-clad laws of cause and effect. Personality and freedom are artificial creations - hard-won achievements. Subjectivity - the capacity to bear duties and rights - is a stage in this struggle. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Road to Understanding and Acceptance of the Late Effects of Pediatric Brain Tumors and TreatmentJeanne CarlsonWe had little warning or time to adjust to our daughter’s diagnosis. A call from her third grade teacher reporting that Sarah seemed to be having vision problems rapidly led to eye exams, an MRI, and the discovery of a Germinoma brain tumor in the suprastellar region of Sarah’s brain. We were terrified (...) but began treatment feeling optimistic about the outlook for Sarah’s recovery. Luckily, Sarah’s treatment was relatively non–invasive and quick, chemotherapy and radiation, five months start to finish. We were thrilled to have Sarah’s treatment behind us.As any parent of a child with a life–threatening illness knows, family life is seriously disrupted by the countless doctor, lab, and hospital visits, the worry, and the financial strain that are suddenly added to the demands of everyday life. We did our best to balance our focus on both of our children as Sarah is a twin and we didn’t want her brother Will to suffer as a result of his sister’s illness. It wasn’t easy but we found a way to schedule Will’s usual play dates, baseball practice, and family time. We were all happy and relieved when Sarah’s treatment was completed, yet we would later learn that we had been incredibly naïve in two ways; we thought that our brain tumor journey was over after Sarah’s treatment was completed and we thought that we’d brought Will through the process without effect. We had a lot to learn.At the time of diagnosis we knew that Sarah’s memory and ability to express emotion had already been impacted by the tumor but we didn’t yet know what that would mean to her quality of life. We were virtually unaware however that at age nine the chemotherapy and radiation treatments that Sarah received would result in profound late effects. Following treatment Sarah successfully completed 3rd grade and even received excellent STAR test scores (California state standardized tests). In 4th grade however, Sarah’s performance began to diverge from that of her peers and she found herself struggling in school and unable to make friends. We began looking for ways to help our daughter.What followed was a five year long journey through testing, evaluations, individualized education plans (IEPs), and therapies, which, in the end, left our family needing to accept the fact that although Sarah remains intelligent and artistically talented, she suffers from a constellation of late effects that will always affect her ability to function in the world. As a result of Sarah’s tumor and treatment she struggles with Auditory Processing Disorder, word finding problems, poor executive function, inability to recognize how she feels, significant difficulty making decisions, inability to read social cues, poor memory, slow processing, an emotional age of about nine, and lots of anxiety. She is also panhypopituitary, meaning that she has no remaining pituitary function and must take replacement medications by pill and injection, has hypothalamic obesity (HO), which is primarily controlled by more medication, and Raynaud’s Disease. The HO is an ongoing challenge because if Sarah does gain weight she can’t lose it again and exercise is not an easy solution because, like many pediatric brain tumor survivors, Sarah is easily fatigued. Finally, although Sarah’s vision improved after treatment her vision loss is significant enough to prevent her from driving. We pieced together this understanding of Sarah’s challenges and disabilities slowly so it wasn’t until the end of our children’s middle school years that we finally accepted the magnitude of the damage caused by the tumor and treatment. Thereafter we changed our focus from what Sarah might achieve in life to how to support [End Page 21] her in the activities at which she still excels and how to keep her active, interested in life, and feeling good about herself.It would have been a huge gift if we had been provided with information about the possible late effects that can result from treating the brain of a 9–year–old... (shrink)

David Gray Carlson and Peter Goodrich argue that the postmodern legal mind can be characterized as having shifted the focus of legal analysis away from the modernist understanding of law as a system that is unitary and separate from other aspects of culture and society. In exploring the various "other dimensions" of law, scholars have developed alternative species of legal analysis and recognized the existence of different forms of law. Carlson and Goodrich assert that the postmodern legal mind (...) introduced a series of "minor jurisprudences" or partial forms of legal knowledge, which both compete with and subvert the modernist conception of a unitary system of law. In doing so scholars from a variety of disciplines pursue the implications of applying the insights of their disciplines to law. Carlson and Goodrich have assembled in this volume essays from some of our leading thinkers that address what is arguably one of the most fundamental of interdisciplinary encounters, that of psychoanalysis and law. While psychoanalytic interpretations of law are by no means a novelty within common law jurisprudence, the extent and possibilities of the terrain opened up by psychoanalysis have yet to be extensively addressed. The intentional subject and "reasonable man" of law are disassembled in psychoanalysis to reveal a chaotic and irrational libidinal subject, a sexual being, a body and its drives. The focus of the present collection of essays is upon desire as an inner law, upon love as an interior idiom of legality, and represents a signficant and at times surprising development of the psychoanalytic analysis of legality. These essays should appeal to scholars in law and in psychology. The contributors are Drucilla Cornell, Jacques Derrida, Peter Goodrich, Pierre Legendre, Alain Pottage, Michel Rosenfeld, Renata Salecl, Jeanne L. Schroeder, Anton Schutz, Henry Staten, and Slavoj Zizek. David Gray Carlson is Professor of Law, Benjamin Cardozo School of Law, Yeshiva University. Peter Goodrich is Professor of Law, University of London and University of California, Los Angeles. (shrink)

Aesthetics and the Environment presents fresh and fascinating insights into our interpretation of the environment. Traditional aesthetics is often associated with the appreciation of art, but Allen Carlson shows how much of our aesthetic experience does not encompass art but nature--in our response to sunsets, mountains or horizons or more mundane surroundings, like gardens or the view from our window. Carlson argues that knowledge of what it is we are appreciating is essential to having an appropriate aesthetic experience (...) and that a scientific understanding of nature can enhance our appreciation of it, rather than denigrate it. (shrink)

In this paper, we put forward two novel arguments against the counterfactual comparative account (CCA) of harm and benefit. In both arguments, the central theme is that CCA conflicts with plausible judgements about benefit and prudence.

This Open Access book addresses the age-old problem of infinite regresses in epistemology. How can we ever come to know something if knowing requires having good reasons, and reasons can only be good if they are backed by good reasons in turn? The problem has puzzled philosophers ever since antiquity, giving rise to what is often called Agrippa's Trilemma. The current volume approaches the old problem in a provocative and thoroughly contemporary way. Taking seriously the idea that good reasons are (...) typically probabilistic in character, it develops and defends a new solution that challenges venerable philosophical intuitions and explains why they were mistakenly held. Key to the new solution is the phenomenon of fading foundations, according to which distant reasons are less important than those that are nearby. The phenomenon takes the sting out of Agrippa's Trilemma; moreover, since the theory that describes it is general and abstract, it is readily applicable outside epistemology, notably to debates on infinite regresses in metaphysics. (shrink)

This book asks not only how the study of white-collar crime can enrich our understanding of crime and justice more generally, but also how criminological ...

In this paper, I examine Quine's views on the epistemology of logic. According to Quine's influential holistic account, logic is central in the “web of belief” that comprises our overall theory of the world. Because of this, revisions to logic would have devastating systematic consequences, and this explains why we are loath to make such revisions. In section1, I clarify this idea and thereby show that Quine actually takes the web of belief to have asymmetrical internal structure. This raises two (...) puzzles. First, as I show in section 2, Quine's mature thoroughly naturalized view has it that logic is simply obvious, and this is explains why we do not typically consider revising it. While Quine presents this naturalized view as a way to make good on his earlier metaphor of centrality in a web of belief, I argue that the resources of Quine's naturalized epistemology cannot adequately explain why we are reluctant to revise logic. And, Quine seems to recognize this point himself. In light of this, I explain in section 3 how Quine can allow that our overall scientific theory has systematic structure in a way that is consistent with his naturalistic strictures. Second, the asymmetrical internal structure of the web of belief seems to be inconsistent with its being a holistic web at all. I defuse this problem in section 4 by showing how Quine distinguishes between structural and confirmational considerations. I close by using this distinction to show how Quine's view can evade Michael Friedman’s criticisms, and allow for important methodological distinctions between areas of the web of belief. (shrink)

In this paper, we give a new argument for the existence of moral luck. The argument is based on a manipulation case in which two agents both lack second-order control over their actions, but one of them has first-order control. Our argument is, we argue, in several respects stronger than standard arguments for moral luck. Five possible objections to the argument are considered, and its general significance for the debate on moral luck is briefly discussed.

Environmental aesthetics is an emerging field of study that focuses on nature's aesthetic value as well as on its ethical and environmental implications. Drawing on the research of a number of disciplines, this exciting new area speaks to scholars working in a range of fields, including not only philosophy, but also environmental and cultural studies, public policy and planning, social and political theory, landscape design and management, and art and architecture. _Nature, Aesthetics, and Environmentalism: From Beauty to Duty_ addresses the (...) complex relationships between aesthetic appreciation and environmental issues and emphasizes the valuable contribution that environmental aesthetics can make to environmentalism. Allen Carlson, a pioneer in environmental aesthetics, and Sheila Lintott, who has published widely in aesthetics, combine important historical essays on the appreciation of nature with the best contemporary research in the field. They begin with classic pieces by Ralph Waldo Emerson, Henry Thoreau, John Muir, John Burroughs, and Aldo Leopold, as well as an essay by Eugene Hargrove that lays out the scientific, artistic, and aesthetic foundations of current environmental beliefs and attitudes. The second section of the book addresses prevailing views on the conceptualization of nature and the various debates on how to properly and respectfully appreciate nature. The third section introduces positive aesthetics, the belief that everything in nature is essentially beautiful, even the devastation caused by earthquakes or floods. The essays in the final section explicitly bring together aesthetics, ethics, and environmentalism to explore the ways in which each might affect the others. (shrink)

The roots of environmental aesthetics reach back to the ideas of eighteenth-century thinkers who found nature an ideal source of aesthetic experience. Today, having blossomed into a significant subfield of aesthetics, environmental aesthetics studies and encourages the appreciation of not just natural environments but also human-made and human-modified landscapes. _Nature and Landscape_ is an important introduction to this rapidly growing area of aesthetic understanding and appreciation. Allen Carlson begins by tracing the development of the field's historical background, and then (...) surveys contemporary positions on the aesthetics of nature, such as scientific cognitivism, which holds that certain kinds of scientific knowledge are necessary for a full appreciation of natural environments. Carlson next turns to environments that have been created or changed by humans and the dilemmas that are posed by the appreciation of such landscapes. He examines how to aesthetically appreciate a variety of urban and rural landscapes and concludes with a discussion of whether there is, in general, a correct way to aesthetically experience the environment. (shrink)

The development and nature of environmental aesthetics -- Aesthetic appreciation and the natural environment -- The requirements for an adequate aesthetics of nature -- Aesthetic appreciation and the human environment -- Appreciation of the human environment under different conceptions -- Aesthetic appreciation and the agricultural landscape -- What is the correct way to aesthetically appreciate landscapes?

Advanced directives and living wills have improved our ability to dictate end-of-life care, but even these cannot guarantee that we will be allowed the dignity of a natural death. Designed by two sisters-one a doctor, one a lawyer-and drawing on their decades of experience, the five-step Compassion Protocol outlined in A Better Way of Dying offers a simple and effective framework for leaving caretakers concrete, unambiguous, and legally binding instructions about your wishes for your last days. Meant for people in (...) every walk of life-from the elderly, to those in the early stages of mentally degenerative diseases like Alzheimer's, to healthy young people planning for an unpredictable future-this book creates space for a discussion we all must have if we wish to ensure comfort and control at the end of our lives.." -- from publisher's website. (shrink)

This study investigates the use of specific educative features for supporting the teaching of nature of science during read-alouds of elementary science trade books. Educative features are components of educative curriculum materials that aim to increase teachers’ content knowledge and support effective instructional practices. Understanding how teachers use specific educative features is important for the future design of curriculum materials that can be used to improve teachers’ views of NOS in tandem with changing their teaching practices. Qualitative data from teacher (...) interviews and observations of read-alouds were used to determine which educative features teachers used and how effective they were perceived as being. Results indicate that teachers varied in their use of educative features and tended to focus on the ones that addressed specific teaching moves as opposed to those that supported understanding why the curriculum was developed as it was. Based on these findings, recommendations for future research that highlights the importance of all educative features are provided. (shrink)

In a recent article in this journal, John Martin Fischer defends the view that death harms its victim after she dies. More specifically, he develops a “truthmaking” account in order to solve what he calls the Problem of Predication for this view. In this reply, we argue that Fischer’s proposed solution to this problem is unsuccessful.

What about honesty? -- History of honesty in society -- Honesty and the Constitution -- Honesty in society today.

A principal aim of the branch of ethics called ‘population theory’ or ‘population ethics’ is to find a plausible welfarist axiology, capable of comparing total outcomes with respect to value. This has proved an exceedingly difficult task. In this paper I shall state and discuss two ‘trilemmas’, or choices between three unappealing alternatives, which the population ethicist must face. The first trilemma is not new. It originates with Derek Parfit's well-known ‘Mere Addition Paradox’, and was first explicitly stated by Yew-Kwang (...) Ng. I shall argue that one horn of this trilemma is less unattractive than Parfit and others have claimed. The second trilemma, which is a kind of mirror image of the first, appears hitherto to have gone unnoticed. Apart from attempting to resolve the two trilemmas, I shall suggest certain features which I believe a plausible welfarist axiology should possess. The details of this projected axiology will, however, be left open. (shrink)

We will study patterns which occur when considering how Σ 1 -elementary substructures arise within hierarchies of structures. The order in which such patterns evolve will be seen to be independent of the hierarchy of structures provided the hierarchy satisfies some mild conditions. These patterns form the lowest level of what we call patterns of resemblance . They were originally used by the author to verify a conjecture of W. Reinhardt concerning epistemic theories 449–460; Ann. Pure Appl. Logic, to appear), (...) but their relationship to axioms of infinity and usefulness for ordinal analysis were manifest from the beginning. This paper is the first part of a series which provides an introduction to an extensive program including the ordinal analysis of set theories. Future papers will conclude the introduction and establish, among other things, that notations we will derive from the patterns considered here represent the proof-theoretic ordinal of the theory KPℓ 0 or, equivalently, Π 1 1 −CA 0. (shrink)

In Section 1, I rehearse some arguments for the claim that morality should be ``action-guiding'', and try to state the conditions under which a moral theory is in fact action-guiding. I conclude that only agents who are cognitively and conatively ``ideal'' are in general able to use a moral theory as a guide to action. In Sections 2 and 3, I discuss whether moral ``actualism'' implies that morality cannot be action-guiding even for ideal agents. If actualism is true, an ideal (...) agent will know about her own future actions. Since such foreknowledge is often thought to be incompatible with deliberation, and since action-guidance presupposes the possibility of deliberation, there is an apparent difficulty in combining actualism with the requirement of action-guidance. In opposition to an argument by Jan Österberg, I try to show that actualism and action-guidance are in fact compatible. (shrink)

This study examines a moderated/mediated model of ethical leadership on follower job satisfaction and affective organizational commitment. We proposed that managers have the potential to be agents of virtue or vice within organizations. Specifically, through ethical leadership behavior we argued that managers can virtuously influence perceptions of ethical climate, which in turn will positively impact organizational members’ flourishing as measured by job satisfaction and affective commitment to the organization. We also hypothesized that perceptions of interactional justice would moderate the ethical (...) leadership-to-climate relationship. Our results indicate that ethical leadership has both a direct and indirect influence on follower job satisfaction and affective commitment. The indirect effect of ethical leadership involves shaping perceptions of ethical climate, which in turn, engender greater job satisfaction and affective organizational commitment. Furthermore, when interactional justice is perceived to be high, this strengthens the ethical leadership-to-climate relationship. (shrink)

Acclaimed theorist and social scientist Donna Jeanne Haraway uses the work of pioneering developmental biologists Ross G. Harrison, Joseph Needham, and Paul Weiss as a springboard for a discussion about a shift in developmental biology from a vitalism-mechanism framework to organicism. The book deftly interweaves Thomas Kuhn's concept of paradigm change into this wide-ranging analysis, emphasizing the role of model, analogy, and metaphor in the paradigm and arguing that any truly useful theoretical system in biology must have a central (...) metaphor. (shrink)

In United States ex rel. Quirk v. Madonna Towers, Inc., the U.S. Court of Appeals for the Eighth Circuit held that the failure of a skilled nursing facility's executives to seek a legal opinion regarding a billing practice they considered valid did not meet the definition of knowingly presenting a false claim for payment to the federal government under the False Claims Act. Alleging that the facility that provided care to his aunt fraudulently submitted claims to Medicare for services provided (...) free of charge, the appellant brought this case qui tam on behalf of the federal government under the FCA.The FCA was passed by the legislature in an effort to punish and deter fraud against the federal government. It provides financial incentives for private individuals to come forward with information about fraudulent activity. (shrink)

This paper criticizes the consequentialist theory recently put forward by Fred Feldman. I argue that this theory violates two crucial requirements. Another theory, proposed by Peter Vallentyne, is similarly flawed. Feldman's basic ideas could, however, be developed into a more plausible theory. I suggest one possible way of doing this.

The Aesthetics of Human Environments is a companion volume to Carlson's and Berleant's The Aesthetics of Natural Environments. Whereas the earlier collection focused on the aesthetic appreciation of nature, The Aesthetics of Human Environments investigates philosophical and aesthetics issues that arise from our engagement with human environments ranging from rural landscapes to urban cityscapes. Our experience of public spaces such as shopping centers, theme parks, and gardens as well as the impact of our personal living spaces on the routine (...) activities of our everyday life are discussed in terms of their aesthetic value and the nature of our aesthetic appreciation. This volume will appeal to any reader concerned about the aesthetic quality of the world in which we live. (shrink)

Mothers use online resources frequently to obtain information on pregnancy, birth, and parenting. Yet, second-time mothers may have different concerns than first-time mothers given they have a newborn infant and another child at home. The current study conducted an on-line textual analysis of the posts of second-time mothers during pregnancy and the first months postpartum on the BabyCenter LLC website, one of the largest online parenting communities. Latent Dirichlet Allocation analysis on roughly 16,000 posts to BabyCenter birth clubs in 2017 (...) by approximately 4,000 users revealed second-time mothers relied on the online support of the BabyCenter community to share and discuss topics of pregnancy, birth, and child rearing. Second-time mothers also raised questions about preparing their firstborn children for a new baby sibling, how they would care for two children, whether they would love the second one as much as the first, and how the second child would change family dynamics. Future research needs to recognize that second-time mothers may have distinct concerns surrounding the birth of their second baby, and antenatal education and parenting classes may need to be modified to be more inclusive of these women’s needs and perspectives. Online parenting communities offer avenues to support women as they make the transition from one child to two and may provide targeted opportunities to disseminate evidence-based practices that can assist these women and their children. (shrink)

We have earlier shown by construction that a proposition can have a welldefined nonzero probability, even if it is justified by an infinite probabilistic regress. We thought this to be an adequate rebuttal of foundationalist claims that probabilistic regresses must lead either to an indeterminate, or to a determinate but zero probability. In a comment, Frederik Herzberg has argued that our counterexamples are of a special kind, being what he calls ‘solvable’. In the present reaction we investigate what Herzberg means (...) by solvability. We discuss the advantages and disadvantages of making solvability a sine qua non , and we ventilate our misgivings about Herzberg’s suggestion that the notion of solvability might help the foundationalist. (shrink)