Courts and commentators have struggled for years to identify rules to explain and justify certain widely-shared intuitions about impossibility attempts, and they have proposed rules variously based upon (1) what mistakes actors make, (2) what intentions actors possess, and (3) what conduct actors perform. None of the proposals fully succeeds, however, and none is able to explain the widely-shared intuition, which underlies Sandy Kadish's inventive hypothetical regarding Mr. Law and Mr. Fact, that some attempts based upon mistakes of law are (...) just as blameworthy as attempts based upon mistakes of fact. I propose an alternative rule that, I believe, not only explains where and why people possess widely-shared intuitions regarding impossibility attempts (including regarding Mr. Law and Mr. Fact), but also explains where and why people have conflicting intuitions. I argue that widely-shared intuitions of blameworthiness and non-blameworthiness regarding impossibility attempts are a function, respectively, of whether informed citizens of the jurisdiction that enacted the statutory offense that the defendant allegedly attempted to commit widely believe or disbelieve that he would have been a threat to interests that the statute seeks to protect - a determination, in turn, that is a function of whether they widely believe or disbelieve that he would have committed the offense under counterfactual circumstances that they fear could have obtained. (shrink)

We examined participants' reading and recall of informed consent documents presented via paper or computer. Within each presentation medium, we presented the document as a continuous or paginated document to simulate common computer and paper presentation formats. Participants took slightly longer to read paginated and computer informed consent documents and recalled slightly more information from the paginated documents. We concluded that obtaining informed consent online is not substantially different than obtaining it via paper presentation. We also provide suggestions for improving (...) informed consent-in both face-to-face and online experiments. (shrink)

This paper reviews the origin of inertia according to Mach's principle and Weber's law of gravitation. The resulting theory is based on simultaneous nonlocal gravitational interactions between particles in the solar system and others in the remote universe beyond the Milky Way galaxy. It explains the precession of the perihelion of Mercury. A most important implication of the Mach-Weber theory of the force of inertia is the necessity for a large amount of uniformly distributed matter in the galactic universe. This (...) matter could be the source of the cosmic background radiation. Nonlocal inertia forces are compatible with a static universe and also with an expanding universe but the latter would demand slow changes in the mass of particles and the gravitational constant. (shrink)

In the current discussion about the foundation ofChristian ethics some german Catholic theologians try to renew the naturallaw ethical system by interpreting it as a complex system of human moral rationality. Refering to the thomasian doctrin of the »inclinationes naturales« and integrating the results of the modern human sciences W. Korff wants to analyse the conditions of ethical reasoning. His argumentation is confronted with K. Barths emphatic rejection of any natural law ethics. But Barth bimself does not explainexactly, how living (...) in faith relates to »natural« wisdom. Therefore we suggest to notice the helpful hermeneutical reflections of K. Demmer: He understands the »nature« of man as human cultural product and as the result of a process of selfinterpretation, in which faith takes a fundamental place by defining the basic principles of anthropology. But why should we use the term »naturallaw« instead of "personal" or »human rights«, in order to indicate the basic norms of theological anthropology and ethics? (shrink)

From US Supreme Court Justice Louis Brandeis’s 1933 judgement in Louis K Liggett Co v Lee to Matt Wuerker’s satirical cartoon “Corpenstein”, the use of Frankenstein’s monster as a metaphor for the modern corporation has been a common practice. This paper seeks to unpack and extend explicitly this metaphorical register via a recent filmic and graphic interpretation of Mary Shelley’s Frankenstein myth. Whilst Frankenstein has been read as an allegorical critique of rights—Victor Frankenstein’s creation of a monstrous body, reflecting the (...) figurative construction of a body by rights discourse—the metaphoric notion of reanimating a ‘soulless corpse’ resonates with Edward’s Thurlow’s description of the corporation as having ‘no soul to damn’. By exploring the figurative and optical representations of this process of reanimating the body in Scott Beattie’s film I, Frankenstein and Kevin Grevioux’s companion graphic novel I, Frankenstein: Genesis, I would like to extend this metaphoric register, by examining the theological origin and nature of the corporate form. This theology is explicitly referenced in the film and graphic novel via the battle between Gargoyles and Demons, which dominates the plot and backstory. The role of Frankenstein’s monster—now called Adam—however, is about enabling the reanimation of thousands of corpses without souls for possession by the demon hoard headed by Prince Naberius, who in his alternative persona Charles Wessex, controls the Wessex Institute and Wessex Industries. This ‘corporate baron’ himself has devoted his ‘life’ to enabling the rediscovery of Frankenstein’s ability to reanimate the dead for the purposes of gaining immortality. This mythic framing, however, renders explicitly visible the nature and purpose of the corporate form itself—of capturing and reanimating life in a form of immortality via the mechanisms of perpetual succession. This visual rendering, of a metaphoric framing goes to show the way in which the optical nature of the dominant forms of popular culture—film, television, comic books—provide a means for seeing law’s metaphorical images and for thus unpacking, interrogating and rendering them anew. It argues for a shift from the image of the corporation as a monstrous body to one which involves relations of reciprocity, gratuitousness and gift. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Citizenship and Culture in Early Modern EuropePeter N. MillerCharlotte Wells, Law and Citizenship in Early Modern France (Baltimore: The Johns Hopkins University Press, 1995), xviii, 198p.Paula Findlen, Possessing Nature: Museums, Collecting, and Scientific Culture in Early Modern Italy (Berkeley, Los Angeles, and London: University of California Press, 1994), xviii, 449p.Steven Shapin, The Social History of Truth: Civility and Science in Seventeenth-Century England (Chicago and London: University of Chicago Press, (...) 1994), xxiv, 483p.Anne Goldgar, Impolite Learning: Conduct and Community in the Republic of Letters 1680–1775 (New Haven and London: Yale University Press, 1995), xv, 395p.Lawrence Klein, Shaftesbury and the Culture of Politeness: Moral Discourse and Cultural Politics in Early Eighteenth-Century England (Cambridge, U.K., 1994), xiii, 217p.Daniel Gordon, Citizens Without Sovereignty: Equality and Sociability in French Thought, 1670–1789 (Princeton: Princeton University Press, 1994), viii, 270p.Dena Goodman, The Republic of Letters: A Cultural History of the French Enlightenment (Ithaca and London: Cornell University Press, 1994), xiii, 338p.E. J. Hundert, The Enlightenment’s “Fable”: Bernard Mandeville and the Discovery of Society (Cambridge: Cambridge University Press, 1994), xii, 284p.The pre-modern political world was broken and remade in the two centuries that separate Montaigne from Jefferson. The long agony of the mixed constitution that began in the civil wars which raged in Iberia, France, the Low Countries, and England and seemed settled by the widespread adoption of the maxims of reason of state, revived at the end of the period, with revolution in Poland, Denmark, Sweden, Geneva, and, more famously, [End Page 725] British North America and France. The problem, classically, turned on the location of sovereignty, or supreme authority, in political systems designed to balance and diffuse rather than concentrate power. When budget deficits and fratricidal culture wars raised the cry of “necessity”—with the knowledge, of course, that necessity knew no law—estates and kings across Europe found themselves at daggers drawn. The claim that the ruler, who naturally was wholly committed to the common good, had therefore the ability to take emergency action was used both by those accustomed to rule and those newly attained to it by force. The pursuit of an “interest” that was identified with the nation’s effectively marginalized discussions of right and law while still serving an essentially constitutional, justificatory role in political debate. But if unchecked authority was necessary in order to meet the challenge of a world characterized by change and chance and thus had to reside somewhere, was there anything that made its exercise by one body more appropriate than another? This was the question that lay behind the late eighteenth-century repudiation of the reason of state “solution” to the problem of the mixed constitution. The answer, which clearly underpinned the establishment in fact of what had first been theorized already a century earlier, was that only consent could legitimate the exercise of sovereignty in time of necessity.1Representation, in one form or another, was the acknowledged solution to the problem formulated by Hobbes: “the name of Tyranny, signifieth nothing more, nor less, than the name of Sovereignty, be it in one, or many men, saving that they that use the former word are understood to be angry with them they call Tyrants.” But representation also acknowledged the reality behind the charged category of “citizenship”: most people in most places could not be said to live the life of the active citizen celebrated in Roman republican literature. Hence Hobbes’s attack on recourse to classical exempla in general, and the Libertas of Lucca in particular. The idea of civis as law-abiding subject was as radical a redrawing of the terms of debate as the identification of human nature with unsociability. Insofar as politics, classically, justified itself as the means for individual self-perfection, the practice of the ancient citizen could be conceived of as the practice of that best life speculated upon by philosophers. For the represented citizen, however, politics necessarily occupied a more subsidiary position. What, then, defined the best life to which he could aspire?There is no simple answer to this question, and the early modern ambivalence has persisted into our own time... (shrink)

Peter Geach brings the same careful attention to logical detail to these studies in the philosophy of religion and philosophy of mind as he has brought to other philosophical works. Some of the topics discussed here, however, will surprise some readers of Geach's earlier works, e.g., reincarnation, immortality, creation, praying for things to happen, and worshipping the right God. There are separate chapters on these topics as well as chapters on thought, form and existence, and the moral law. It (...) should be noted for readers who may not share Geach's interest in some of these topics that each of the chapters makes important points about issues which go beyond the topics of immediate interest. For example, Geach's two chapters on reincarnation and immortality are very interesting commentaries on the problem of personal identity, and the chapter on praying for things to happen is an interesting essay on time. The chapters on existence and thought pick up themes from Geach's earlier writing on Aquinas and Frege and mental acts. The Aristotelian roots of Geach's thought are clear in these essays from his account of existence and thought to his denial of clear sense to the idea of an immortality of a separate soul or its reincarnation. There is a helpful analytical index.--R. H. K. (shrink)

In these challenging pages, Unger argues for the extreme skeptical view that, not only can nothing ever be known, but no one can ever have any reason at all for anything. A consequence of this is that we cannot ever have any emotions about anything: no one can ever be happy or sad about anything. Finally, in this reduction to absurdity of virtually all our supposed thought, he argues that no one can ever believe, or even say, that anything is (...) the case. (shrink)

This book about philosophical and methodological problems in psychoanalytic theory is surely one of the best pieces of literature on this subject of recent vintage. The author, a psychiatrist on the faculty of Harvard Medical School, displays considerable logical skill and philosophical sophistication, in addition to the expected familiarity with the psychoanalytic literature. The major purport of the book is a logical and philosophical defense of the claim that psychoanalytic explanations of human behavior--if constructed with proper and adequate regard for (...) relevant clinical data--are methodologically sound and genuinely scientific. One useful and novel feature of Sherwood's argument is the particular type of illustrative case material which he employs: instead of mustering various bits and instances of behavior from large numbers and varieties of cases, Sherwood considers the psychiatric explanation actually given by Freud in one of his recorded clinical case histories--the famous "Karl Lorenz" or "rat man" case. Sherwood devotes two chapters to a detailed description of this case, and an analysis of the logic of Freud's explanations of the behavior presented therein. From the point of view of logical and methodological considerations, there is an obvious advantage in such an approach, for it enables the critic to avoid leveling charges against the theory which might originate simply from extracting portions of explanatory material from their proper context. Sherwood also includes a chapter of criticism of what he calls "the thesis of the separate domain"--the view that there are fundamental differences in the logic of explanations of human behavior, cognition, and other phenomena involving reasons and intentions on the one hand, and other forms of explanation characteristic of the physical sciences, on the other. Philosophically, this is the most mature chapter of the book, and will be of interest to philosophers of mind, as well as philosophers of science, particularly for its criticism of the views of R. S. Peters. Unfortunately, however, Sherwood's argument is not unmarred by serious flaws and deficiencies. These include a highly psychologistic analysis of the logic and structure of explanation whose subsequent use repeatedly involves the author in context-of-discovery vs. context-of-justification confusions. Moreover, an apparent lapse into a non-Humean account of causality in the second section of the fifth chapter leads Sherwood to an unfortunate petitio principii on the issue of causes vs. reasons. Sherwood's critical discussion of the classical "covering-law" model of scientific explanation in the penultimate chapter exhibits numerous failures to come to grips with the essential aspects of the Braithwaite-Hempel-Oppenheim theory. Finally, an important sin of omission: Sherwood completely ignores the highly germane and decisive issues raised by authors such as Nagel and Arthur Pap, who charge the theoretical concepts of psychoanalysis with lack of cognitive and empirical significance. In sum, this is a flawed but eminently worthwhile book in the philosophy of behavioral science.--H. P. K. (shrink)

By contributing a few hundred dollars to a charity like UNICEF, a prosperous person can ensure that fewer poor children die, and that more will live reasonably long, worthwhile lives. Even when knowing this, however, most people send nothing, and almost all of the rest send little. What is the moral status of this behavior? To such common cases of letting die, our untutored response is that, while it is not very good, neither is the conduct wrong. What is the (...) source of this lenient assessment? In this contentious new book, one of our leading philosophers argues that our intuitions about ethical cases are generated not by basic moral values, but by certain distracting psychological dispositions that all too often prevent us from reacting in accord with our commitments. Through a detailed look at how these tendencies operate, Unger shows that, on the good morality that we already accept, the fatally unhelpful behavior is monstrously wrong. By uncovering the eminently sensible ethics that we've already embraced fully, and by confronting us with empirical facts and with easily followed instructions for lessening serious suffering appropriately and effectively, Unger's book points the way to a compassionate new moral philosophy. (shrink)

The topic of personal identity has prompted some of the liveliest and most interesting debates in recent philosophy. In a fascinating new contribution to the discussion, Peter Unger presents a psychologically aimed, but physically based, account of our identity over time. While supporting the account, he explains why many influential contemporary philosophers have underrated the importance of physical continuity to our survival, casting a new light on the work of Lewis, Nagel, Nozick, Parfit, Perry, Shoemaker, and others. Deriving from (...) his discussion of our identity itself, Unger produces a novel but commonsensical theory of the relations between identity and some of our deepest concerns. In a conservative but flexible spirit, he explores the implications of his theory for questions of value and of the good life. (shrink)

This bold and original work of philosophy presents an exciting new picture of concrete reality. Peter Unger provocatively breaks with what he terms the conservatism of present-day philosophy, and returns to central themes from Descartes, Locke, Berkeley, Hume and Russell. Wiping the slate clean, Unger works, from the ground up, to formulate a new metaphysic capable of accommodating our distinctly human perspective. He proposes a world with inherently powerful particulars of two basic sorts: one mental but not physical, the (...) other physical but not mental. Whether of one sort or the other, each individual possesses powers for determining his or her own course, as well as powers for interaction with other individuals. It is only a purely mental particular--an immaterial soul, like yourself--that is ever fit for real choosing, or for conscious experiencing. Rigorously reasoning that the only satisfactory metaphysic is one that situates the physical alongside the non-physical, Unger carefully explains the genesis of, and continual interaction of, the two sides of our deeply dualistic world. Written in an accessible and entertaining style, while advancing philosophical scholarship, All the Power in the World takes readers on a philosophical journey into the nature of reality. In this riveting intellectual adventure, Unger reveals the need for an entirely novel approach to the nature of physical reality--and shows how this approach can lead to wholly unexpected possibilities, including disembodied human existence for billions of years. All the Power in the World returns philosophy to its most ambitious roots in its fearless attempt to answer profoundly difficult human questions about ourselves and our world. (shrink)

In this short but meaty book, Peter Unger questions the objective answers that have been given to central problems in philosophy. As Unger hypothesizes, many of these problems are unanswerable, including the problems of knowledge and scepticism, the problems of free will, and problems of causation and explanation. In each case, he argues, we arrive at one answer only relative to an assumption about the meaning of key terms, terms like "know" and like "cause," even while we arrive at (...) an opposite answer relative to quite different assumptions, but equally arbitrary assumptions, about what the key terms mean. (shrink)

The various aesthetic phenomena found repeatedly in the scientific enterprise stem from the role of God as artist. If the Creator is an artist, how and why natural scientists study the divine art work can be understood using theological aesthetics and the philosophy of art. The aesthetic phenomena considered here are as follows. First, science reveals beauty and the sublime in natural phenomena. Second, science discovers beauty and the sublime in the theories that are developed to explain natural phenomena. Third, (...) the search for beauty often guides scientists in their work. Fourth, where beauty is perceived, feelings of the sublime often also follow upon further contemplation. This linkage of beauty in science with truth and the sublime runs counter to most aesthetic theory since Kant. Scholarship in theological aesthetics has recently argued that the modern and postmodern elevation of the sublime over beauty is merely a preference that reveals a bias against transcendence—against God. If doing and understanding science can show this sundering of the sublime from the beautiful to be in error, science also gives evidence of transcendence. (shrink)

During the middle of the twentieth century, philosophers generally agreed that, by contrast with science, philosophy should offer no substantial thoughts about the general nature of concrete reality. Instead, philosophers offered conceptual truths. It is widely assumed that, since 1970, things have changed greatly.

Few people, if any, still argue that science in all its aspects is a value-free endeavor. At the very least, values affect decisions about the choice of research problems to investigate and the uses to which the results of research are applied. But what about the actual doing of science? -/- As Science, Values, and Objectivity reveals, the connections and interactions between values and science are quite complex. The essays in this volume identify the crucial values that play a role (...) in science, distinguish some of the criteria that can be used for value identification, and elaborate the conditions for warranting certain values as necessary or central to the very activity of scientific research. -/- Recently, social constructivists have taken the presence of values within the scientific model to question the basis of objectivity. However, the contributors to <I>Science, Values, and Objectivity</I> recognize that such acknowledgment of the role of values does not negate the fact that objects exist in the world. Objects have the power to constrain our actions and thoughts, though the norms for these thoughts lie in the public, social world. -/- Values may be decried or defended, praised or blamed, but in a world that strives for a modicum of reason, values, too, must be reasoned. Critical assessment of the values that play a role in scientific research is as much a part of doing good science as interpreting data. (shrink)

This volume presentsa definitive introduction to the core areas of philosophy of science.

Traditionally it has been thought that scientific controversies can always be resolved on the basis of empirical data. Recently, however, social constructionists have claimed that the outcome of scientific debates is strongly influenced by non-evidential factors such as the rhetorical prowess and professional clout of the participants. This volume of previously unpublished essays by well-known philosophers of science presents historical studies and philosophical analyses that undermine the plausibility of an extreme social constructionist perspective while also indicating the need for a (...) richer and more realistic account of scientific rationality. (shrink)

A historical investigation of the exclusion of Africa and Asia from modern histories of philosophy.

This book is the only contemporary, systematic study of the relationship of time and conscious experience. Peter K. Mclnerney examines three tightly interconnected issues: how we are able to be conscious of time and temporal entities, whether time exists independently of conscious experience, and whether the conscious experiencer exists in time in the same way that ordinary natural objects are thought to exist in time. Insight is drawn from the views of major phenomenological and existential thinkers on these issues. (...) Building on a detailed explication and critique of the views of Kant, Husserl, Heidegger, and Sartre, Mclnerney develops and defends his own positions. He argues that a revised version of Husserl’s three-feature theory of time-consciousness provides the best explanation of our awareness of temporal features, but that an independently real time is necessary to explain our experience of temporal passage. He also shows that human existence has some special temporal features in addition to those it shares with other entities. Time-consciousness, the conscious exercise of powers, and personal identity through time require that any temporal part of human existence be defined by and "reach across" to earlier and later parts. (shrink)

Introduction Ordinary experience seems both to take place in time and to concern things that happen in time. This seemingly simple fact is the starting ...

In this paper I suggest that play is a distinctive behavioural category whose adaptive significance calls for explanation. Play primarily affords juveniles practice toward the exercise of later skills. Its benefits exceed its costs when sufficient practice would otherwise be unlikely or unsafe, as is particularly true with physical skills and socially competitive ones. Manipulative play with objects is a byproduct of increased intelligence, specifically selected for only in a few advanced primates, notably the chimpanzee.The adaptiveness of play in pongid (...) evolution is traced through the probable changes in selective pressures that occurred in hominid evolution. It is argued that fantasy was an emergent property in hominids, made possible by symbolic intelligence and language, and serving to make play complex enough to continue to provide useful practice for increasingly complex later skills.The advent of organised instruction and education has meant that play's unplanned, intrinisic goal-setting could be replaced by extrinsic goal-setting in the systematic development of particular skills. However, the need to ensure adequate motivation has continued to give play educational value. In addition, its capacity to enhance innovative behaviour seems to be a residual function of play which has acquired a new cultural importance. (shrink)

The current research applied a mid-level evolutionary theory that has been successfully employed across numerous animal species—life history theory—in an attempt to understand the Dark Triad personality trait cluster (narcissism, psychopathy, and Machiavellianism). In Study 1 (N = 246), a measure of life history strategy was correlated with psychopathy, but unexpectedly with neither Machiavellianism nor narcissism. Study 2 (N = 321) replicated this overall pattern of results using longer, traditional measures of the Dark Triad traits and alternative, future-discounting indicators of (...) life history strategy (a smaller-sooner, larger-later monetary dilemma and self-reported risk-taking behaviors). Additional findings suggested two sources of shared variance across the Dark Triad traits: confidence in predicting future outcomes and openness to short-term mating. (shrink)

In _The Metaphysics of Media_, award-winning media critic Peter K. Fallon tackles the complicated question of how a succession of dominant forms of media have supported—and even to some extent created—different conceptions of reality. To do so, he starts with the basics: a critical discussion of the very idea of objective reality and the various postmodern responses that have tended to dominate recent philosophical approaches to the subject. From there, he embarks on a survey of the evolution of communication (...) through four major eras: orality; literacy; print; and electricity. Within each era, Fallon argues, the dominant form of media supported particular ways of understanding the world, from the ascendance of reason that followed the development of alphabets to the obliteration of space and time that we associate with electronic communications. Fallon concludes with a hard look at the mass ignorance that prevails today despite the sea of information with which contemporary life is surrounded. A stirring, philosophically rich investigation, _The Metaphysics of Media_ offers not only a clear picture of where our society has been but also a road map to a more engaged, informed, and fully human future. (shrink)

For some fifty years now, nearly all work in mainstream analytic philosophy has made no serious attempt to understand the _nature of_ _physical reality,_ even though most analytic philosophers take this to be all of reality, or nearly all. While we've worried much about the nature of our own experiences and thoughts and languages, we've worried little about the nature of the vast physical world that, as we ourselves believe, has them all as only a small part.

This is the first book to focus on Descartes's changing views, and it is welcome."--Roger Ariew, University of South Florida.