It is commonly understood that in its focus on rights and obligations law is centrally concerned with organising responsibility. In defining how obligations are created, in contract or property law, say, or imposed, as in tort, public, or criminal law, law and legal institutions are usually seen as society’s key mode of asserting and defining the content and scope of responsibilities. This book takes the converse view: legal institutions are centrally involved in organising irresponsibility. Particularly with respect to the production (...) of large-scale harms – including extensive human rights violations, forms of colonialism, or environmental or nuclear devastation – and in opposition to conventional understandings of responsibility in law, morality and politics, the book provides a detailed analysis of the ways in which legal institutions – their practices, concepts, and categories – themselves operate as much to deflect responsibility for harms suffered as they do to acknowledge them. Drawing on a series of case studies from local, national, and global concerns the book analyses how law facilitates dispersals and disavowals of responsibility, and it shows how it does so in consistent and patterned ways. In assessing how this ‘organised irresponsibility’ operates, and what its consequences are for both legal analysis and society generally, a thoroughgoing re-evaluation of law’s methods, operation, and consequences is required. At stake is nothing less than a fundamental re-assessment of the role of modern law in the production and legitimation of human suffering. This innovative and interdisciplinary book provides a sustained challenge to conventional thinking about law and legal institutions. It will be of major interest to those working in law, political and legal theory, sociology and moral philosophy. (shrink)

Scott Yenor argues that David Hume's reputation as a skeptic is greatly exaggerated. In David Hume's Humanity, Yenor shows how Hume's skepticism is a moment leading Hume to defend a philosophy that is grounded in the inescapable assumptions of common life. Humane virtues reflect the proper reaction to the complex mixture of human faculties that define the human condition. These gentle virtues best find their home in the modern commercial republic, of which England is the leading example. Hume's defense (...) of both common life philosophy and humanity are, however, flawed by his secretly dogmatic assumptions about the nature of history and his Enlightened approach to religious teachings and psychology. This study makes the case for Hume's manner of grounding philosophy in common life is essential to any reinvigoration of the humanities. It ultimately holds that Hume's practice of that philosophy is seriously flawed, but that a more philosophic philosophy of common life is available. (shrink)

This manuscript consists of two parts, Part I. and Part II. Part I., written by the same author and titled "THE PERSECUTED CHURCH: THE CLANDESTINE CATHOLIC CHURCH (ECCLESIA SILENTII) IN CZECHOSLOVAKIA DURING COMMUNISM 1948 – 1991," was published in the January issue of the Occasional Papers on Religion in Eastern Europe (OPREE), ISSN: 2693-2148.2 It includes a brief historical overview and introduces the Clandestine Catholic Church (Ecclesia Silentii) in Czechoslovakia during Communism from 1948 to 1991. Part II. directly follows Part (...) I. and continues with the following sections: Results, Discussion, Conclusion, and References. Part II considers the collapse of the Czech Roman Catholic Church and the end destruction of the Clandestine Catholic Church by the Holy See, along with the process of secularization after the fall of communism in Czechoslovakia from 1991 to 2021. (shrink)

The article argues that bribery is wrong because it violates fundamental notion of equality and it undermines the vitality of the institutions affected.

Examines the use of drug therapy and other medical techniques to treat psychiatric illness, describing the major mental illnesses and discussing the effects of specific medications.

This new book takes an innovative and novel approach to the study of jurisprudence. Drawing together a range of specialists, making original contributions, it provides a summary, analysis, and critique of basic themes in, and major contributions to, the study of jurisprudence. The book explores issues and ideas in jurisprudence in a way that integrates them with legal study more broadly, avoiding the tendency in recent years for the subject to become overly inward-looking, specialist and technical, leaving students and the (...) subject adrift. It picks up mid-range concepts such as rights, sovereignty, and adjudication and charts their interrelation and uses in law and legal theory. The approach taken to the subject is an interdisciplinary one, and involves making linkages with contemporary issues in political and social theory, such as the changing role of the state, forms of dispute resolution and the courts. It also addresses topics not normally covered, or covered only indirectly in other jurisprudence textbooks, such as globalisation and legal culture. Its coverage is therefore broad and links legal, political, philosophical, and social analysis. (shrink)

ABSTRACT Because of the existence of severely defective humans it is commonly held that whatever consideration is due to all humans is also due to many other animals, and that therefore speciesism, or the readiness to prefer the interest of humans to those of other animals, is unjustified. After criticism of this reasoning a ‘naturalised’ speciesism, acknowledging, for example, the affinities between species, is articulated and defended. A key to this defence is the separation of the task of specifying morally (...) significant differences between humans and other animals from the task of justifying the extension of consideration to defective humans. The conclusion is that more traditional vices than speciesism are chiefly to blame for the shabby treatment of animals by humans. (shrink)

Looking back, the moral panic that precipitated the decimation of horror comics in the 1950s seems quaint, yet concerns about the psychological impact of violent media on consumers have never disappeared. In this article, I outline a particular type of psychological impact we ought to take seriously when evaluating the moral status of entertainment. I then consider (a) ways in which comics seem immune from claims that they create this kind of impact for their readers, as well as (b) ways (...) in which we might think that comics generate special instances of moral danger for readers. (shrink)

The Pragmatism Reader is the essential anthology of this important philosophical movement. Each selection featured here is a key writing by a leading pragmatist thinker, and represents a distinctively pragmatist approach to a core philosophical problem. The collection includes work by pragmatism's founders, Charles Peirce, William James, and John Dewey, as well as seminal writings by mid-twentieth-century pragmatists such as Sidney Hook, C. I. Lewis, Nelson Goodman, Rudolf Carnap, Wilfrid Sellars, and W.V.O. Quine. This reader also includes the most important (...) work in contemporary pragmatism by philosophers like Susan Haack, Cornel West, Hilary Putnam, Richard Rorty, Cheryl Misak, and Robert Brandom. Each selection is a stand-alone piece--not an excerpt or book chapter--and each is presented fully unabridged. The Pragmatism Reader challenges the notion that pragmatism fell into a midcentury decline and was dormant until the advent of "neopragmatism" in the 1980s. This comprehensive anthology reveals a rich and highly influential tradition running unbroken through twentieth-century philosophy and continuing today. It shows how American pragmatist philosophers have contributed to leading philosophical debates about truth, meaning, knowledge, experience, belief, existence, justification, and freedom. Covers pragmatist philosophy from its origins to today Features key writings by the leading pragmatist thinkers Demonstrates the continuity and enduring influence of pragmatism Challenges prevailing notions about pragmatism Includes only stand-alone pieces, completely unabridged Reflects the full range of pragmatist themes, arguments, concerns, and commitments. (shrink)

Au cours des deux dernières décennies, les études sur Stanley Milgram ont connu une véritable renaissance interdisciplinaire, qui a conduit à modifier profondément le débat sur ces expériences de psychologie sociale parmi les plus controversées du xxe siècle. L’intérêt considérable pour les conditions expérimentales de ses travaux constitue une nouvelle perspective, qui a des implications pour la philosophie de la psychologie sociale. L’ontologie sociale (ou ontologie historique), de différents styles, peut mettre en lumière les caractéristiques contingentes de l’« obéissance à (...) l’autorité» et d’autres expériences classiques de la psychologie sociale nord-américaine. Dans ce numéro de Philosophia Scientiæ consacré à Milgram, ma contribution consiste à montrer comment une approche empirique de l’interaction sociale peut aider à éclairer – « à partir de la base» -– les relations de pouvoir dans le laboratoire de Milgram, ainsi que les résistances à la poursuite de l’expérience. Tout d’abord, je présente le pouvoir comme une caractéristique multidimensionnelle de la sociabilité humaine, en soulignant son aspect performatif. Dans le laboratoire, les sujets jouant le rôle des Enseignants sont contraints à exercer leur pouvoir de différentes façons très contrastées, soit en exerçant ce pouvoir sur l’Apprenant (en se conformant à la volonté de l’expérimentateur), soit contre l’expérimentateur (c’est-à-dire en lui résistant). Deuxièmement, je propose que, comme la moralité, le pouvoir au sens performatif peut être compris à l’aide de la distinction entre premier-plan et arrière-plan (dans le vocabulaire Gestaltiste, la distinction figure/fond), les deux aspects du phénomène étant empiriquement fondés, et orientés vers les pratiques concrètes des agents en interaction. Troisièmement, je précise la notion de pouvoir performatif, en relation avec la pratique de ceux qui, parmi les sujets en position d’Enseignants, s’opposent à la continuation de l’expérience. En conclusion, l’article illustre la valeur de l’analyse éthnométhodologique conversationnelle, en tant que style d’ontologie sociale adapté tant à l’étude des relations de pouvoirs, à celle des prétentions à la connaissance en psychologie sociale, qu’à la reconstruction des présupposés de la psychologie sociale nord-américaine classique. (shrink)

The phrase 'beyond historicism' is usually associated with Bielefeld historians like Hans Ulrich Wehler and Jürgen Kocka, who attempted to turn the study of history into a social science, but a better candidate would be the sociologist Niklas Luhmann, who happened to teach as well in Bielefeld during the 1970's and 1980's. Luhmann had little affinity with the project of his colleagues from the history department. He took the opposite view that the social sciences suffered from a naive enlightenment view (...) and should become more history minded. Like the historicists of the early nineteenth century Luhmann was indirectly inspired by the philosophy of Leibniz. Although Luhmann's theory of social systems may seem miles away from the daily interests of most historians, it can be interpreted as an Aufhebung of historicism. This will be demonstrated for two important concepts, the autopoietic system which incorporates the historicist notion of individuality and the concept of second order observation which can be read as an abstract redescription of what historicists meant by the historical method. (shrink)

The lexicographic power ΔΓ of chains Δ and Γ is, roughly, the Cartesian power Πγ∈Γ Δ, totally ordered lexicographically from the left. Here the focus is on certain powers in which either Δ = R or Γ = R, with emphasis on when two such powers are isomorphic and on when ΔΓ is 2-homogeneous. The main results are: (1) For a countably infinite ordinal α, Rα* +α ≃ Rα. (2) RR ≄ RQ. (3) For Δ a countable ordinal ≥ 2. (...) ΔR, with its smallest element deleted, is 2-homogeneous. (shrink)

Although informed consent is important in clinical research, questions persist regarding when it is necessary, what it requires, and how it should be obtained. The standard view in research ethics is that the function of informed consent is to respect individual autonomy. However, consent processes are multidimensional and serve other ethical functions as well. These functions deserve particular attention when barriers to consent exist. We argue that consent serves seven ethically important and conceptually distinct functions. The first four functions pertain (...) principally to individual participants: (1) providing transparency; (2) allowing control and authorization; (3) promoting concordance with participants' values; and (4) protecting and promoting welfare interests. Three other functions are systemic or policy focused: (5) promoting trust; (6) satisfying regulatory requirements; and (7) promoting integrity in research. Reframing consent around these functions can guide approaches to consent that are context sensitive and that maximize achievable goals. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Tincture of the Doctor's TimeHolland KaplanI first thought of Mr. H as a "difficult patient" while reading the written hand-off I received on him as I was preparing to take over an inpatient general medicine service—"He leaves all the time to smoke." I don't think the statement was meant to imply anything about the patient; if anything, it may have been included for context to prepare me for (...) the patient's intermittent absence. But, reading this, I felt a familiar sense of annoyance rising in my chest. Every few months, I take care of a patient who seems to never be in his room. The patient is consistently out smoking, in the cafeteria, or in another unknown location, seemingly doing an undisclosed activity. This is frustrating because it means I have to work around the patient's schedule of smoke breaks and jaunts to the cafeteria to evaluate the patient on a daily basis. The thoughts inevitably cross my mind: Does this patient even want care in the hospital if he's never in his room? Is he actually sick enough to need to be in the hospital if he's able to spend so much time outside of the hospital? Why is he leaving so frequently—is he doing drugs?This particular patient had been in perfect health until two months before I met him when he was shot multiple times during an encounter at a gas station. One of the bullets had lodged in his back, shattering a vertebra. Another had decimated the bones in his right upper arm, which were now held in place by screws and plates. Several had landed in his abdomen, necessitating the removal of part of his bowel. Finally, a bullet had sliced through the lower part of his right kidney, shredding his ureter and mandating surgical reconstruction of his urinary system. After over a month in the intensive care unit with multiple reparative surgeries, he was discharged to a rehabilitation facility. But he started having fevers and fast heart rates; ultimately, he was admitted to the hospital again for multiple infected fluid collections that had formed at the sites of his surgeries. He left the hospital prior to getting treated for these infections, purportedly "against medical [End Page 12] advice." And now, several weeks later, he was here in the hospital for the same reason.The first time I went to see Mr. H, he was, of course, not in his room. I went to the nursing station to ask if the clerk knew where he was. She knowingly said, "Oh yeah, he goes out a lot. I can give him a call to let him know the doctor is here to see him if you'd like." I assented, thanked the clerk for calling him, and proceeded, annoyed, in seeing the rest of my patients. I considered how I would address Mr. H's behavior when I was finally able to talk to him. I had seen others take many different approaches—negotiation about the timing and frequency of these extramural expeditions, ultimatums about getting discharged, mandating urine drug screens upon return, and silent, frustrated tolerance. I resolved to wait to speak to him to determine which approach might be most suitable. An hour later, I received a call from the clerk that Mr. H had returned to his room to see me.The first time I met Mr. H, he informed me he had taken the bus to midtown to make a run to the grocery store. I was internally incredulous. He felt well enough to go to the grocery store? Why was he in the hospital then? At that moment, I opted not to discuss his frequent departures yet, as I was frustrated and realized I wouldn't be able to identify the best way to address them. I reviewed his medical issues with him, asked specific questions about how he was feeling, performed a physical exam, and reiterated his current plan of care. Mr. H made it very clear that he would like to get out of the hospital as soon as possible. I tried to set the expectation that he... (shrink)

There is widespread agreement that there should be a principle requiring that artificial intelligence be ‘explicable’. Microsoft, Google, the World Economic Forum, the draft AI ethics guidelines for the EU commission, etc. all include a principle for AI that falls under the umbrella of ‘explicability’. Roughly, the principle states that “for AI to promote and not constrain human autonomy, our ‘decision about who should decide’ must be informed by knowledge of how AI would act instead of us” :689–707, 2018). There (...) is a strong intuition that if an algorithm decides, for example, whether to give someone a loan, then that algorithm should be explicable. I argue here, however, that such a principle is misdirected. The property of requiring explicability should attach to a particular action or decision rather than the entity making that decision. It is the context and the potential harm resulting from decisions that drive the moral need for explicability—not the process by which decisions are reached. Related to this is the fact that AI is used for many low-risk purposes for which it would be unnecessary to require that it be explicable. A principle requiring explicability would prevent us from reaping the benefits of AI used in these situations. Finally, the explanations given by explicable AI are only fruitful if we already know which considerations are acceptable for the decision at hand. If we already have these considerations, then there is no need to use contemporary AI algorithms because standard automation would be available. In other words, a principle of explicability for AI makes the use of AI redundant. (shrink)

This article considers Hugo Grotius’s ideas on a specific topic of commercial law, analysing his position and potential contributions to early modern Dutch insolvency legislation. It might be questioned how ‘Hollandic’ Grotius’s interpretations of legal solutions for insolvency as presented in the Inleidinge tot de Hollandsche Rechts-Geleerdheid actually were. Grotius’s treatment of cessie van goede is relatively strict, whereas compositions are hardly mentioned. A rather different image rises from his later work. Here, Grotius displays a more radical view, in specific (...) cases allowing the sovereign to interfere in private property rights and to restructure debts for the common good. It is an intriguing question if and to what extent these ideas can be related to contemporary Dutch insolvency practices. (shrink)

Was Malthus a ‘Utilitarian’? This apparently simple-minded question is justified by on-going debate in the secondary literature. For example, in his study, The Classical Economists, D. P. O'Brien maintains that ‘only the two Mills, apart from Bentham himself, were really Utilitarians’. Against this we have the view of Lord Robbins that ‘We get the picture badly out of focus if we conceive that reliance on the principle of utility was confined to Bentham and his immediate circle.’ In this paper we (...) shall demonstrate the justice of the Robbins perspective with specific reference to the population issue. (shrink)

Introduction: working together on individuality / Lynn K. Nyhart and Scott Lidgard -- The work of biological individuality: concepts and contexts / Scott Lidgard and Lynn K. Nyhart -- Cells, colonies, and clones: individuality in the volvocine algae / Matthew D. Herron -- Individuality and the control of life cycles / Beckett Sterner -- Discovering the ties that bind: cell-cell communication and the development of cell sociology / Andrew S. Reynolds -- Alternation of generations and individuality, 1851 / (...) Lynn K. Nyhart and Scott Lidgard -- Spencer's evolutionary entanglement: from liminal individuals to implicit collectivities / Snait Gissis -- Biological individuality and enkapsis: from Martin Heidenhain's synthesiology to the völkisch national community / Olivier Rieppel -- Parasitology, zoology, and society in France, ca. 1880-1920 / Michael A. Osborne -- Metabolism, autonomy, and individuality / Hannah Landecker -- Bodily parts in the structure-function dialectic / Ingo Brigandt -- Commentaries: historical, biological, and philosophical perspectives -- Distrust that particular intuition: resilient essentialisms and empirical challenges in the history of biological individuality / James Elwick -- Biological individuality: a relational reading / Scott F. Gilbert -- Philosophical dimensions of individuality / Alan C. Love and Ingo Brigandt. (shrink)

The phenomenon of episodic memory has been studied for over 30 years, but it is only recently that its constructive nature has been shown to be closely linked to the processes underpinning imagination. This paper builds on recent work by the authors in developing architectures for a form of imagination suitable for use in artifacts, and considers how these architectures might be extended to provide a form of episodic memory.

In the last decade, the familiar problem of the regress of reasons has returned to prominent consideration in epistemology. And with the return of the problem, evaluation of the options available for its solution is begun anew. Reason’s regress problem, roughly put, is that if one has good reasons to believe something, one must have good reason to hold those reasons are good. And for those reasons, one must have further reasons to hold they are good, and so a regress (...) of reasons looms. In this new study, Aikin presents a full case for infinitism as a response to the problem of the regress of reasons. Infinitism is the view that one must have a non-terminating chain of reasons in order to be justified. The most defensible form of infinitism, he argues, is that of a mixed theory – that is, epistemic infinitism must be consistent with and integrate other solutions to the regress problem. (shrink)

To address the burden of maternal morbidity and mortality in low‐ and middle‐income countries (LMICs), research with pregnant women in these settings is increasingly common. Pregnant women in LMIC‐context may experience vulnerability related to giving consent to participate in a clinical trial. To recognize possible layers of vulnerability this study aims to identify factors that influence the decision process towards clinical trial participation of pregnant women in an urban middle‐income setting. This qualitative research used participant observation, in‐depth interviews, and focus (...) group discussion with medical staff and pregnant women eligible for trial participation, at a regional hospital in Accra, Ghana. Besides lack of familiarity with modern scientific concepts, specific factors influencing the decision‐making process were identified. These include a wide power difference between health provider and patient, and a different perception of risk through externalization of responsibility of risk management within a religious context as well as a context shaped by authority. Also, therapeutic misconception was observed. The combination of these factors ensued women to rely on the opinion of the medical professional, rather than being guided by their own motivation to participation. Although being a (pregnant) woman per se should not render the label of being vulnerable, this study shows there are factors that influence the decision process of pregnant woman towards trial participation in a LMIC context that can result in vulnerability. The identification of context‐specific factors that can create vulnerability facilitates adaptation of the design and conduct of research in a culturally competent manner. (shrink)

Evidence for a dichotomy between the planning of an action and its on-line control in humans is reviewed. This evidence suggests that planning and control each serve a specialized purpose utilizing distinct visual representations. Evidence from behavioral studies suggests that planning is influenced by a large array of visual and cognitive information, whereas control is influenced solely by the spatial characteristics of the target, including such things as its size, shape, orientation, and so forth. Evidence from brain imaging and neuropsychology (...) suggests that planning and control are subserved by separate visual centers in the posterior parietal lobes, each constituting part of a larger network for planning and control. Planning appears to rely on phylogenetically newer regions in the inferior parietal lobe, along with the frontal lobes and basal ganglia, whereas control appears to rely on older regions in the superior parietal lobe, along with the cerebellum. Key Words: action; apraxia; control; illusions; optic ataxia; PET; planning; reaching;. (shrink)

I investigate the normative status of an unexamined category of emotions: ‘lyrical’ emotions about the transience of things. Lyrical emotions are often accused of sentimentality—a charge that expresses the idea that they are unfitting responses to their objects. However, when we test the merits of that charge using the standard model of emotion evaluation, a surprising problem emerges: it turns out that we cannot make normative distinctions between episodes of such feelings. Instead, it seems that lyrical emotions are always fitting. (...) Although this claim is counterintuitive, the price of denying it is to hold that such emotions are never fitting—an equally strange result. If this is correct, then the commonplace discourse of sentimentality surrounding lyrical emotions lacks normative moorings. (shrink)

Beowulf, The Battle of Maldon, The Dream of the Rood, The Wanderer, and The Seafarer are among the greatest surviving Anglo-Saxon poems. They, and many other treasures, are included in The Anglo-Saxon World: chronicles, laws and letters, charters and charms, and above all superb poems. Here is a word picture of a people who came to these islands as pagans and yet within two hundred years had become Christians, to such effect that England was the centre of missionary endeavour and, (...) for a time, the heart of European civilization. Kevin Crossley-Holland places poems and prose in context with his skilful interpretation of the Anglo-Saxon world; his translations have been widely acclaimed, and of Beowulf the poet Charles Causley has written, 'the poem has at last found its translator'. ABOUT THE SERIES: For over 100 years Oxford World's Classics has made available the widest range of literature from around the globe. Each affordable volume reflects Oxford's commitment to scholarship, providing the most accurate text plus a wealth of other valuable features, including expert introductions by leading authorities, helpful notes to clarify the text, up-to-date bibliographies for further study, and much more. (shrink)