For the epic journey of autumn migration, long-distance migratory birds use innate and learned information and follow strict schedules imposed by genetic and epigenetic mechanisms, the details of which remain largely unknown. In addition, bird migration requires integrated action of different multisensory systems for learning and memory, and the hippocampus appears to be the integration center for this task. In previous studies we found that contrasting long-distance migratory flights differentially affected the morphological complexity of two types of hippocampus astrocytes. Recently, (...) a significant association was found between the latitude of the reproductive site and the size of the ADCYAP1 allele in long distance migratory birds. We tested for correlations between astrocyte morphological complexity, migratory distances, and size of the ADCYAP1 allele in three long-distance migrant species of shorebird and one non-migrant. Significant differences among species were found in the number and morphological complexity of the astrocytes, as well as in the size of the microsatellites of the ADCYAP1 gene. We found significant associations between the size of the ADCYAP1 microsatellites, the migratory distances, and the degree of morphological complexity of the astrocytes. We suggest that associations between astrocyte number and morphological complexity, ADCYAP1 microsatellite size, and migratory behavior may be part of the adaptive response to the migratory process of shorebirds. (shrink)

This paper discusses the first incarnation of what came to be known as the “Frege-Geach” point. The point was made by Peter Geach in his 1960 essay “Ascriptivism”, and developed in “Assertion”, a 1965 piece. Geach’s articles launch a wholesale attack on theories of non-descriptive performances advanced by “some Oxford philosophers” whom he accuses of ignoring “the distinction between calling a thing ‘P’ and predicating ‘P’ of a thing”. One view that Geach specifically targets is H. L. A. Hart’s claim (...) that sentences of the form “X φ-ed” are not primarily descriptive but ascriptive of responsibility for actions. Hart explicitly accepted Geach’s criticism, and disowned his essay. I argue that he was wrong to do so. Perhaps the essay was worth retracting, but not because of Geach’s objections. I begin by restating and refining Geach’s arguments, in order to bring out the flaw he claimed to have detected in the “pattern of philosophising” that he took Hart’s essay to exemplify. I go on to argue that Geach’s original point poses no obstacle either to non-descriptivism in general, or to Hart’s sui generis non-descriptivist claim in particular. (shrink)

Este pequeno texto é uma singela homenagem que dedico para o meu exprofessor da graduação em Filosofia e meu orientador no mestrado em Ética e Epistemologia da UFPI. Trata-se de um texto rememorativo e de agradecimentos pela convivência e aprendizagem que tive com o professor Dr. José Sérgio D. da Fonseca. A grata oportunidade de conhecer o professor Dr. José Sérgio ocorreu-me por volta do ano 2009 em uma disciplina de seminário, na qual o professor José Sérgio ministrou um curso (...) sobre filosofia da mente, se minha memória não falha. (shrink)

In this book, Nuttall traces the development of "solipsistic fear... the fear that the external world... may not exist at all," in philosophy and literature, mainly English, from the late seventeenth century to the present. His method is first to trace some aspect of the philosophical discussion about the reality of the external world, and then to examine works of literature from the same period in which the same or similar views on the problem are expressed. In philosophy, Nuttall’s attention (...) centers on Locke, Berkeley, Hume, Bradley, and Wittgenstein, while in literature he focuses primarily on Sterne, Wordsworth, Sartre, and Eliot. Nuttall argues that Wittgenstein’s private language argument in the philosophical realm, and Eliot’s poetry in the literary, decisively counteract the solipsistic fear which the empiricist and idealist philosophers and their literary counterparts had developed. (shrink)

This volume, one of the Explorations in Interpretive Sociology series, provides a brief introduction to the sociological work of the French philosopher and sociologist, Lucien Levy-Bruhl. The book includes a short biography of Levy-Bruhl, a chronological list of his principal works, a short essay outlining the development of his sociological theories, 63 pages of extracts from his works, and a short annotated bibliography. The biography notes the wide range of Levy-Bruhl’s interests, which included philosophy, sociology, literature, and politics. The list (...) of his principal works reveals, in addition to the many more well known books on the primitive mind, several works on ethics and the history of philosophy, and volumes on the philosophies of Jacobi and of Comte. (shrink)

In this book, Dean attempts both to interpret and to contribute to the ongoing Marxist-Christian dialogue. The author describes the book as a thought-experiment in which "Heidegger’s finitist ontology, Marx’s social critique, and a type of Christian thinking which is post-theistic" are to be brought together in an attempt to show that "radicalism of the death of God demands a corresponding radicalism in the political sphere as well, and that conversely, radicalism in a political sense would be theoretically incomplete if (...) it was not grounded in a radicalism on the level of metaphysics as well". Thus, Dean argues that a merging of traditions has occurred in recent years. The Marxist humanists and the radical Christians, he contends, have both adopted the central insights of Heidegger’s hermeneutic metaphysics as a perspective from which to both carry on their dialogue together and criticize the conservative wings of their own respective camps. The book is a contribution to this dialogue in that it clarifies how this merging has occurred, and tries to put it in a larger perspective within which further stages of the dialogue can be developed. (shrink)

This volume is the fifth in a series by Buchler, and it applies the metaphysics he developed in the preceding volumes to the understanding of the nature of poetry. Although it clearly contains a further development of the fundamental position articulated in the earlier volumes, as a theory of poetry the present volume stands fairly well on its own.

O objetivo deste artigo é apresentar a caracterização que Hannah Arendt e Hans Jonas fazem da técnica moderna em suas visões da dimensão do homo faber, bem como suas críticas ao mundo da técnica no horizonte da modernidade, mostrando suas convergências e diferenças quanto a isso. A partir dessas críticas arendtianas e jonasianas, procuramos mostrar como ambos podem contribuir para uma ética e uma política baseada na ideia de responsabilidade pelas futuras gerações.

The purpose of this study is to examine the relationship between the corporate social performance of an organization and three variables: the size of the organization, the financial performance of the organization, and the environmental performance of the organization. By empirically testing data from 1987 to 1992, the results of the study show that a firm's corporate social performance is indeed impacted by the size of the firm, the level of profitability of the firm, and the amount of pollution emissions (...) released by the firm. (shrink)

You find yourself in a court of law, accused of having hit someone. What can you do to avoid conviction? You could simply deny the accusation: 'No, I didn't do it'. But suppose you did do it. You may then give a different answer. 'Yes, I hit him', you grant, 'but it was self-defence'; or 'Yes, but I was acting under duress'. To answer in this way-to offer a 'Yes, but...' reply-is to hold that your particular wrong was committed in (...) exceptional circumstances. Perhaps it is true that, as a rule, wrongdoers ought to be convicted. But in your case the court should set the rule aside. You should be acquitted. Within limits, the law allows for exceptions. Or so we tend to think. In fact, the line between rules and exceptions is harder to draw than it seems. How are we to determine what counts as an exception and what as part of the relevant rule? The distinction has important practical implications. But legal theorists have found the notion of an exception surprisingly difficult to explain. This is the longstanding jurisprudential problem that this book seeks to solve. The book is divided into three parts. Part I, Defeasibility in Question, introduces the topic and articulates the core puzzle of defeasibility in law. Part II, Defeasibility in Theory, develops a comprehensive proof-based account of legal exceptions. Part III, Defeasibility in Action, looks more closely into the workings of exceptions in accusatory contexts, including the criminal trial. (shrink)

Forty years after his death, Hans Kelsen (1881-1973) remains one of the most discussed and influential legal philosophers of our time. This collection of new essays takes Kelsen's Pure Theory of Law as a stimulus, aiming to move forward the debate on several central issues in contemporary jurisprudence. The essays in Part I address legal validity, the normativity of law, and Kelsen's famous but puzzling idea of a legal system's 'basic norm'. Part II engages with the difficult issues raised by (...) the social realities of law and the actual practices of legal officials. Part III focuses on conceptual features of legal systems and the logical structure of legal norms. All the essays were written for this volume by internationally renowned scholars from seven countries. Also included, in English translation, is an important polemical essay by Kelsen himself. (shrink)

More than 50 years after it was first published, The Concept of Law remains the most important work of legal philosophy in the English-speaking world. In this volume, written for both students and specialists, 13 leading scholars look afresh at Hart's great book. Unique in format, the volume proceeds sequentially through all the main ideas in The Concept of Law: each contributor addresses a single chapter of Hart's book, critically discussing its arguments in light of subsequent developments in the field. (...) Four concluding essays assess the continued relevance for jurisprudence of the 'persistent questions' identified by Hart at the beginning of The Concept of Law. The collection also includes Hart's 'Answers to Eight Questions', written in 1988 and never before published in English. Contributors include Timothy Endicott, Richard HS Tur, Pavlos Eleftheriadis, John Gardner, Grant Lamond, Nicos Stavropoulos, Leslie Green, John Tasioulas, Jeremy Waldron, John Finnis, Frederick Schauer, Pierluigi Chiassoni and Nicola Lacey. (shrink)

Niche construction is a potentially important concept for the human behavioural sciences but we question how it differs from models of gene-culture coevolution and whether it can be developed in the detailed ways that will be necessary if it is going to make a significant contribution to the human behavioural sciences.

Abstract An attempt is made to analyse the key notions in the Buddha's Dhamma? ?truth?, ?knowledge?, ?emancipation??by way of the philosophical techniques of the later Wittgenstein. The analysis hence is both comparative and noncomparative. It is comparative because two thought processes from two different traditions are brought together. And it is noncomparative since it brings into focus a philosophical exegesis as against a comparative exposition. In the process not only are philosophical errors in comparative exposition made explicit in our thesis (...) but it also offers a genuine basis for modern Buddhist philosophy. (shrink)

Others must have shared my surprise at reading the two articles on this subject in the Classical Quarterly , one by Mr. P. H. Ling, writing ‘in the light of our present knowledge,’ and one by Professor H. J. Rose. Among the Hibeh Papyri is a fragment of an anthology which hereabouts contains quotations from Tragedy and Epicharmus. It gives four verses, the last of which was rightly identified by the editors Grenfell and Hunt. Of the lemma only a spot (...) of ink on a loose fibre remains. (shrink)

Can there be a non-reductivist, source-based explanation of the use of normative language in statements describing the law and legal situations? This problem was formulated by Joseph Raz, who also claimed to have solved it. According to his well-known doctrine of ‘detached’ statements, normative legal statements can be informatively made by speakers who merely adopt, without necessarily sharing, the point of view of someone who accepts that legal norms are justified and ought to be followed. In this paper I defend (...) two theses. I argue, first, that the notion of a detached statement cannot be made to work, and that Raz’s problem is thus not thereby solved. But the problem itself, I also suggest, is a false one. (shrink)

The distinction between 'conduct norms' and 'sanction norms' is widely assumed to be an essential tool for any correct understanding of criminal responsibility. Conduct norms (often also called 'primary') are referred to with the language of 'prohibitions', and it is normally accepted that a crime is by definition a 'prohibited' human behaviour, in the sense that it is always an infraction of a 'conduct norm'. I mean to discuss and criticize this rather consensual assumption. Modern criminal codes don't usually incorporate (...) a catalogue of prohibitions, but this is considered to be of no consequence when it comes to discuss whether the law prohibits those behaviours whose performance may lead to the application of a criminal sanction: there is no question that sanction norms may be properly read out of the special parts of our criminal codes, and from a sanction norm it is always possible to infer the correspondent prohibition. Or so the current understanding goes. I shall first try to make some sense of this common idea, which I call the inference thesis. I will then proceed to show why it is wrong. The inference thesis is necessarily committed to an understanding of conduct norms as prescriptive norms addressed to citizens, and the relevant notion of a prescriptive norm has to be characterized in some detail. Having done so, I will argue that such a prescriptive understanding of 'conduct norms' is incompatible with several aspects common to most modern systems of criminal law and unquestionably essential to the concept of a crime. (shrink)

: In this paper we examine two challenges to the orthodox understanding of the fallacy of denying the antecedent. One challenge is to say that passages thought to express the fallacy can usually be given an interpretation on which they express valid arguments, entitling us to query whether the fallacy is commonly, if ever, committed at all. We discuss this claim in Section 1. The second challenge comes from those who think that there are legitimate uses of denying the antecedent (...) that have traditionally been overlooked. In Section 2 we propose a general test for claims of this sort, and assess three versions of this view. (shrink)

In his essay “Pre-Conventions: A Fragment of the Background”, Bruno Celano seems to endorse three claims about what he calls ‘pre-conventions’: that such ‘entities’ exist; that they are neither rules nor de facto regularities; and that their ‘character’ is at once factual and normative: that pre-conventions are “literally, ‘normative facts’.” I suggest that and are not particularly striking claims, and that Celano’s case for is unpersuasive.

After a brief review of pragmatic arguments against emotivism, the author of this monograph proceeds to outline and criticize two conflicting concepts of the morally right in Dewey's writings. A third interpretation, involving an "interaction of the factual and the normative" is advanced as more conformable to the spirit of instrumentalism.--A. D. P. M.

Successful accounts of analogy in law have two burdens to discharge. First, they must reflect the fact that the conclusion of an argument by analogy is a normative claim about how to decide a certain case. Second, they must not fail to accord relevance to the fact that the source case was authoritatively decided in a certain way. We argue in the first half of this paper that the common view of the structure of analogical arguments in law cannot overcome (...) these hurdles. In the second half we develop an original account that aims to succeed where others failed. (shrink)

Wesley Newcomb Hohfeld's account of legal rights is now 100 years old. It has been much discussed, and remains very influential with philosophers and lawyers alike. Yet it is still sometimes misunderstood in crucial respects. This article offers a rigorous exposition of Hohfeld's framework; discusses its claims to comprehensiveness and fundamentality, reviewing recent work on the topic; and highlights the argumentative uses of Hohfeld's most important distinction.

Our paper has three parts. In Part 1, we discuss John Gardner’s thesis that the non-elliptical ascription of agency to law is a necessary and irreducible part of any adequate explanation of the activities of legal officials. We consider three explananda which might conceivably necessitate this ascription, and conclude that none in fact does so. In Part 2, we discuss two other theses of Gardner’s: that it makes no sense to ascribe to law the claim that there are legal obligations (...) , and that law’s claim is the claim that there are moral obligations . We take issue with Gardner’s arguments for , and suggest that is unwarranted in the absence of an argument that law makes any claims at all. In Part 3, we briefly argue that, insofar as it issues requirements, there are certain claims that law cannot but make. We conclude that if Gardner is right that law’s claims are those of certain of its officials, it is law-making and not law-applying officials who make law’s claim. (shrink)

Can there be a non-reductivist, source-based explanation of the use of normative language in statements describing the law and legal situations? This problem was formulated by Joseph Raz, who also claimed to have solved it. According to his well-known doctrine of ‘detached’ statements, normative legal statements can be informatively made by speakers who merely adopt, without necessarily sharing, the point of view of someone who accepts that legal norms are justified and ought to be followed. In this paper I defend (...) two theses. I argue, first, that the notion of a detached statement cannot be made to work, and that Raz’s problem is thus not thereby solved. But the problem itself, I also suggest, is a false one. (shrink)

I propose and defend a proof-based account of legal exceptions. The basic thought is that the characteristic behaviour of exceptions is to be explained in terms of the distinction, relative to some given decision-type C in some decision-making context, between two classes of relevant facts: those that may, and those that may not, remain uncertain if a token decision C is to count as correctly made. The former is the class of exceptions. A fact F is an exception relative to (...) some decision-type C, I claim, if (i) the ascertainment of F is sufficient for a token decision C not to count as correctly made, and (ii) the ascertainment of the negation of F is not necessary for a token decision C to count as correctly made. I also recuperate, reconstruct and discuss some of HLA Hart’s early views on defeasible judicial decisions. These two projects are closely connected: the latter is a vehicle for the former. (shrink)