Dr Noel Semple, Professor Russell Pearce and Professor Renee Knake combine to compare legal profession regulation in the US with that of the countries closest to it institutionally and culturally: Canada, Australia, New Zealand, the United Kingdom and Ireland. This enables them to develop an illuminating taxonomy of legal professional regulation, and to describe the assumptions and objectives underlying the different approaches to regulation. The US and Canada provide a 'professionalist-independent framework' that centres on 'a unified, hegemonic occupation (...) of lawyer' which promotes self-regulation, and the exclusion of non-lawyers from partnership and investment in law practices. By contrast, in other countries that they examine, 'consumerist-competitive approaches' predominate, opening up the profession to co-regulation with executive government and allowing for different forms of legal occupations and non-lawyer influence and investment in law practices. Of course, as they show, in some countries there are combinations and hybrids of these two approaches. Unlike Rhode, who endorses England and Wales' consumerist-competitive approach to regulation in the Legal Services Act 2007, Semple, Pearce and Knake consciously avoid stating a preference for one approach over the other. (shrink)

This is Not a Seminar is a multidisciplinary forum established in 2012 at Edith Cowan University in Australia to support practice-led and practice-based Higher Degree by Research students. The Faculty of Education and Arts at ECU includes cohorts of postgraduate research students in, for example, performance, design, writing and visual arts. We established the TINAS programme to assist postgraduate research students in connecting their creative practices to methodological, theoretical and conceptual approaches whilst fostering an atmosphere of rapport across creative disciplines. (...) The pilot programme conducted for six months in 2012 comprised dialogues with experienced creative researchers; critical reading sessions on practice-led theory; and workshops in journaling, ethics and copyright. This article is a reflection on the strengths and limitations of TINAS and future projections. More than an additional teaching and learning service, the programme has become a vital forum for creative dialogue. (shrink)

René Descartes (1596-1650) is widely regarded as the father of modern philosophy. His noteworthy contributions extend to mathematics and physics. This entry focuses on his philosophical contributions in the theory of knowledge. Specifically, the focus is on the epistemological project of Descartes' famous work, Meditations on First Philosophy.

De apostel Paulus spreekt in één van zijn brieven over ‘de verduistering van het verstand’ — een verduistering die het gevolg is van zonde.1 In het werk van een groot aantal filosofen uit de westerse filosofische traditie heeft dit woord van Paulus op een of andere wijze weerklank gevonden. Bij Augustinus, Anselmus, Thomas van Aquino, Jonathan Edwards, Kierkegaard, John Henry Newman en Franz von Baader bijvoorbeeld, en in ons land bij Abraham Kuyper en Herman Dooyeweerd, vindt men reflecties over (...) de noëtische gevolgen van de zonde.2 Deze denkers hebben de noëtische doorwerking van de zonde onder meer aangewezen in de volgende verschijnselen: dat mensen allerlei onware gedachten hebben dat onze kenvermogens lang niet altijd naar behoren functioneren, zoals onder andere blijkt uit geheugenzwakte, misperceptie en foutief redeneren dat mensen het vaak onderling oneens zijn. (shrink)

Several authors have recently suggested that moral factors and norms `encroach' on the epistemic, and because of salient parallels to pragmatic encroachment views in epistemology, these suggestions have been dubbed `moral encroachment views'. This paper distinguishes between variants of the moral encroachment thesis, pointing out how they address different problems, are motivated by different considerations, and are not all subject to the same objections. It also explores how the family of moral encroachment views compare to classical pragmatic encroachment accounts.

I was first taken to Mr Gurdjieff's flat at a time very different from the present. Paris during the war, under German occupation, was in the grip of the ...

A dual-language edition presenting Descartes's original Latin text of his greatest work, with a facing-page authoritative English translation.

I have always considered that the two questions respecting God and the Soul were the chief of those that ought to be demonstrated by philosophical rather than ...

Hydrogen is troublesome in any periodic table classification. This being so it may as well be placed in a position that confers desirable attributes to the arrangement of the elements, while notionally recognising its lineage to the group 1 alkali metals and the group 17 halogens. Since the noble gases bridge the halogens and the alkali metals, and hydrogen encompasses the transition from the alkali metals to the halogens, there is more to the idea of hydrogen over helium. (Meyer 1870, (...) p. 357) (Proust 1927, p. 559). (shrink)

The religious autobiography of John Henry Newman (1801-1890), in which he discusses his conversion to Roman Catholicism.

The Meditations, one of the key texts of Western philosophy, is the most widely studied of all Descartes' writings. This authoritative translation by John Cottingham, taken from the much acclaimed three-volume Cambridge edition of the Philosophical Writings of Descartes, is based upon the best available texts and presents Descartes' central metaphysical writings in clear, readable modern English. As well as the complete text of the Meditations, the reader will find a thematic abridgement of the Objections and Replies (which were originally (...) published with the Meditations) containing Descartes' replies to his critics. These extracts, specially selected for the present volume, indicate the main philosophical difficulties which occurred to Descartes' contemporaries and show how Descartes developed and clarified his arguments in response. This edition contains a new comprehensive introduction to Descartes' philosophy by John Cottingham and the classic introductory essay on the Meditations by Bernard Williams. (shrink)

I argue that inferences from highly probabilifying racial generalizations are not solely objectionable because acting on such inferences would be problematic, or they violate a moral norm, but because they violate a distinctively epistemic norm. They involve accepting a proposition when, given the costs of a mistake, one is not adequately justified in doing so. First I sketch an account of the nature of adequate justification—practical adequacy with respect to eliminating the ~p possibilities from one’s epistemic statespace. Second, I argue (...) that inferences based on demographic generalizations tend to disproportionately expose group members to the risks associated with mistakenly assuming stereotypical propositions, and so magnify the wrong involved in relying on such inferences without adequate justification. (shrink)

I argue that the offense generation pattern of slurring terms parallels that of impoliteness behaviors, and is best explained by appeal to similar purely pragmatic mechanisms. In choosing to use a slurring term rather than its neutral counterpart, the speaker signals that she endorses the term. Such an endorsement warrants offense, and consequently slurs generate offense whenever a speaker's use demonstrates a contrastive preference for the slurring term. Since this explanation comes at low theoretical cost and imposes few constraints on (...) an account of the semantics of slurs, this suggests that we should not require semantic accounts to provide an independent explanation of the offense profile. (shrink)

Desde o ano de 1643, Descartes (1596-1650) e a princesa Elizabeth (1618-1680) já trocavam cartas a respeito da geometria, da metafísica e até da física cartesiana. Todavia, no ano de 1645, por conta de um grave estado melancólico da princesa, houve uma intensa correspondência entre ambos. À princípio, o debate se mantinha em torno das condições especificas da princesa. O tema central girava em torno de questões fisiológicas e morais (ou psicofisiológicas). À medida, porém, em que a troca de correspondência (...) se intensificava, o debate ia tornando-se cada vez mais teórico, passando pela discussão da Vida Beata, de Sêneca, até forçar Descartes a apresentar os primeiros esboços de sua própria concepção moral. Dessa troca de correspondência, escolhemos duas cartas de setembro de 1645: uma do filósofo a Elizabeth (carta CDIII) e outra da princesa a Descartes carta (CDVI). (shrink)

In Descartes's Meditations, one of the key texts of Western philosophy, the thinker rejects all his former beliefs in the quest for new certainties. Discovering his own existence as a thinking entity in the very exercise of doubt, he goes on to prove the existence of God, who guarantees his clear and distinct ideas as a means of access to the truth. He develops new conceptions of body and mind, capable of serving as foundations for the new science of nature. (...) Subsequent philosophy has grappled with Descartes's legacy, questioning many of its conclusions and even his basic approach, but his arguments set the agenda for many of the greatest philosophical thinkers, and their fascination endures.This new translation includes the Third and Fourth Objections and Replies in full, and a selection from the rest of Descartes's exchanges with contemporaries that helped to shape and expound his philosophy. (shrink)

Among the more notorious of Cartesian doctrines is thebête machinedoctrine — the view that brute animals lack not only reason, but any form of consciousness. Recent English commentaries have served to obscure, rather than to clarify, the historical Descartes's views. Standard interpretations have it that insofar as Descartes intends to establish thebête machinedoctrine his arguments are palpably flawed. One camp of interpreters thus disputes that he even holds the doctrine. As I shall attempt to show, not only does Descartes affirm (...) the doctrine, his supporting arguments are not palpably flawed — even if they ultimately come up short. It will indeed emerge that, in making his case, Descartes employs interesting argumentative strategies that have not been duly appreciated. (shrink)

The notion of a defendant submitting a false guilty plea due to the penal incentive offered is not an uncommon phenomenon. While the practice has been legitimised based on the defendant’s voluntary informed consent, it has often been argued that the structure of the plea-bargaining practice is coercive. Such can be the case whenever the plea offer entails a significant sentence differential, discrepancy in the form of punishment (a non-custodial sentence relative to a custodial one), or when the alternative of (...) pleading guilty includes the risk of capital punishment. Having said that, plea-bargains have often been classified as a “non-coercive offer”, whether due to their advantageous mutual character according to a baseline conception of coercion or being an offer that one can overcome according to an irresistible psychological account. While many scholars have struggled with the ambiguous notion of “coercive offers,” the paper offers an alternative approach, arguing that it is the type of reasons to be considered within the offer that renders the bargain less than fully autonomous. It will be argued that the plea-bargain proposition infuses irrelevant (guilt-uncorrelated) penal considerations unrelated to the question of guilt. Such considerations are the wrong kind of reason for the guilty-plea decision, and due to the defendant’s dependency on the plea offer, they distort the defendant’s intentional character of her autonomous decision. It is part of the conception of the guilty plea. Though a defendant may autonomously intend to consider irrelevant penal considerations, such a decision cannot be genuinely considered a decision regarding the admission of guilt. (shrink)

When mental health professionals or social workers are confronted with a suicidal individual, one approach is to use all means to delay the act of suicide until the desire for death subsides. Encouraging someone to delay suicide while bypassing the individual’s practical reasons for suicide can lead to irrational postponement, which equates to procrastinating suicide. Causing someone to procrastinate in this manner poses a risk of disrespecting the person as a rational agent. However, is it even possible to irrationally delay (...) one’s own act of suicide? Additionally, isn’t it beneficial to do so? The aim of the manuscript is to explore the possibility and value of using procrastination in managing suicidal individuals. First, I will argue that procrastination of a suicide intent is possible, which makes inducing this state of mind in people morally problematic. Second, I will argue that there is no intrinsic value in procrastination, although it does have instrumental value. Procrastination holds instrumental value for individuals who delay an irrational act of suicide. Furthermore, procrastination is valuable for clinical psychology, not by making people irrationally delay suicide but for assessing suicide risk. (shrink)

Quel autre genie que celui de Descartes, pere de toute notre metaphysique moderne, pouvait concevoir le fondement reel de toute la science humaine sur le fait primitif de conscience ou de l'existence du moi pensant, comme sur sa base unique, la seule vraie et solide; quel autre pouvait reconnaitre le caractere de l'evidence, ce criterium de toute certitude, dans un petit nombre d'idees premieres, elementaires et simples, donnees a l'ame humaine comme une lumiere qui l'eclaire d'abord sur elle-meme, avant de (...) lui reveler les autres existences? Maine de Biran, Nouvelles considerations sur les rapports du physique et du moral de l'homme, oeuvres, t. IX, Vrin, 1990, p. 108. (shrink)

Assume this hypothetical situation: an American pharmaceutical company, Maxwell Fisch Pharmaceuticals, Inc., wishes to perform clinical trials involving a new antipsychotic medication, Klezac. Klezac is in its third phase of the clinical stage of the drug research process. Once the testing is complete, Maxwell plans to submit a New Drug Application, the official request to begin marketing Klezac, to the Food and Drug Administration. The new drug is expected to receive FDA approval in 2 or more years. The company decides (...) to shift its research and development activities to Z, a small, developing country. In doing so, Maxwell is following the course taken by numerous other drug companies who wish to take advantage of faster governmental approval in foreign sites and ensuing cheaper research costs. (shrink)

Theory of Literature was originally published in 1949. It is not a textbook introducing the young to the elements of literary appreciation nor a survey of the techniques employed in scholarly research. The authors have sought to unite "poetics" (or literary theory) and "criticism" (evaluation of literature) with "scholarship" ("research") and "literary history" (the "dynamics"of literature, in contrast to the "statics" of theory and criticism).

Some, but not all, of the mistakes a person makes when acting in apparently necessary self-defense are reasonable: we take them not to violate the rights of the apparent aggressor. I argue that this is explained by duties grounded in agents' entitlements to a fair distribution of the risk of suffering unjust harm. I suggest that the content of these duties is filled in by a social signaling norm, and offer some moral constraints on the form such a norm can (...) take. (shrink)

Alan Chalmers uses Robert Boyle’s mechanical philosophy as an example of the irrelevance of ‘philosophy’ to ‘science’ and criticizes my 2006 book Atoms and alchemy for overemphasizing Boyle’s successes. The present paper responds as follows: first, it argues that Chalmers employs an overly simplistic methodology insensitive to the distinction between historical and philosophical claims; second, it shows that the central theses of Atoms and alchemy are untouched by Chalmers’s criticisms; and third, it uses Boyle’s analysis of subordinate causes and his (...) debate with Henry More in the 1670s to demonstrate the inadequacy of Chalmers’s construal of the mechanical philosophy.Keywords: Robert Boyle; Alan Chalmers; Geber; Paul of Taranto; Daniel Sennert; Alchemy; Chymistry; Mechanical philosophy; Reduction to the pristine state. (shrink)

Locke's treatment of substratum is notoriously difficult. Accordingto one commentator, ‘nothing else in the writings of any philosopher matches the doubleness of attitude of the passages about substratum in Locke's Essay’ (Bennett 1987, 197). The aim of the present paper is to render consistent Locke's seemingly divergent strands on the subject. My efforts are organized around three levels of apparent duplicity. At each level, I argue that the doubleness of attitude in Locke's treatment is merely apparent. I argue further that (...) Locke means to ground an empiricist‐friendly idea of substratum in the customary experience of simple ideas that ‘go constantly together.’. (shrink)

Law-enforcement agencies are increasingly able to leverage crime statistics to make risk predictions for particular individuals, employing a form of inference that some condemn as violating the right to be “treated as an individual.” I suggest that the right encodes agents’ entitlement to a fair distribution of the burdens and benefits of the rule of law. Rather than precluding statistical prediction, it requires that citizens be able to anticipate which variables will be used as predictors and act intentionally to avoid (...) them. Furthermore, it condemns reliance on various indexes of distributive injustice, or unchosen properties, as evidence of law-breaking. (shrink)

Recent scholarship suggests that Descartes’s effort to establish a truth criterion is not viciously circular ---a fact that invites closer scrutiny of his epistemological program. One of the least well understood features of the project is his deduction of a truth criterion from theistic premises, a demonstration Descartes says he provides in the Fourth Meditation: the alleged proof is not revealed by a casual reading, nor have commentators fared any better; in general, the relevance of the Fourth Meditation has not (...) been duly appreciated. This paper reconstructs the argument of the Fourth Meditation, detailing the steps in the demonstration of the criterion and clarifying its role in the larger program. Surprisingly, Descartes deduces a truth criterion more fundamental than clarity and distinctness; this more fundamental criterion helps explain what are otherwise cryptic epistemological moves in the Sixth Meditation. (shrink)

A Egmond, le 16 avril 1648, un peu moins de deux ans avant sa mort, Descartes s'entretient avec un étudiant hollandais en théologie, Frans Burman. Le jeune homme de vingt ans présente au philosophe de courts extraits de ses principales oeuvres publiées (Méditations métaphysiques, Principes de la philosophie, Discours de la méthode) que l'auteur en personne se charge d'expliquer, répondant aussi aux objections de son interlocuteur. Ce texte possède donc un statut décisif dans le corpus cartésien car il s'agit d'un (...) commentaire des points les plus délicats de la philosophie de Descartes par lui-même. Ce faisant, il ne se contente pas de répéter ce qu'il a déjà écrit sur le doute, la connaissance sensible, l'existence de Dieu, le mouvement de la matière ou encore la santé du corps, il ne cesse au contraire d'approfondir, de nuancer, voire de transformer les thèses sur lesquelles il est interrogé. Ce texte interdit ainsi de faire de la pensée de Descartes une "doctrine" stable et immuable. Il donne plutôt à voir de manière éclatante une pensée en marche, celle d'un philosophe majeur et reconnu qui accepte pourtant de remettre sur la table de travail les points essentiels d'une oeuvre déjà constituée en fonction des questions précises qui lui sont posées. Bien plus qu'un simple résumé de sa philosophie, cet Entretien montre l'inlassable exigence de l'effort de la pensée cartésienne à la conquête de sa propre clarté. (shrink)

Recent scholarship suggests that Descartes’s effort to establish a truth criterion is not viciously circular (notwithstanding its reputation)---a fact that invites closer scrutiny of his epistemological program. One of the least well understood features of the project is his deduction of a truth criterion from theistic premises, a demonstration Descartes says he provides in the Fourth Meditation: the alleged proof is not revealed by a casual reading, nor have commentators fared any better; in general, the relevance of the Fourth Meditation (...) has not been duly appreciated. This paper reconstructs the argument of the Fourth Meditation, detailing the steps in the demonstration of the criterion and clarifying its role in the larger program. Surprisingly, Descartes deduces a truth criterion more fundamental than clarity and distinctness; this more fundamental criterion helps explain what are otherwise cryptic (though central) epistemological moves in the Sixth Meditation. (shrink)