This is an extended, international edition of Justice Breyer's theory of constitutional interpretation, and the role of courts in a modern democracy. For the revised, international edition Breyer includes an examination of topical debates in Europe, including the legitimacy of the EU and religious freedom under the ECHR.

© 2015, Springer-Verlag Berlin Heidelberg.Genetic studies have identified single nucleotide polymorphisms associated with the risk of prostate cancer. It remains unclear whether such genetic variants are associated with disease aggressiveness. The NCI-SPORE Genetics Working Group retrospectively collected clinicopathologic information and genotype data for 36 SNPs which at the time had been validated to be associated with PC risk from 25,674 cases with PC. Cases were grouped according to race, Gleason score and aggressiveness. Statistical analyses were used to compare the frequency (...) of the SNPs between different disease cohorts. After adjusting for multiple testing, only PC-risk SNP rs2735839 was significantly and inversely associated with aggressive and high-grade disease in European men. Similar associations with aggressive and high-grade disease were documented in African-American subjects. The G allele of rs2735839 was associated with disease aggressiveness even at low PSA levels in both European and African-American men. Our results provide further support that a PC-risk SNP rs2735839 near the KLK3 gene on chromosome 19q13 may be associated with aggressive and high-grade PC. Future prospectively designed, case-case GWAS are needed to identify additional SNPs associated with PC aggressiveness. (shrink)

No hay en la historia reciente de la justicia constitucional contemporánea evidencia del diálogo académico entre dos jueces constitucionales supremos en activo.

[Stephen Yablo] The usual charge against Carnap's internal/external distinction is one of 'guilt by association with analytic/synthetic'. But it can be freed of this association, to become the distinction between statements made within make-believe games and those made outside them-or, rather, a special case of it with some claim to be called the metaphorical/literal distinction. Not even Quine considers figurative speech committal, so this turns the tables somewhat. To determine our ontological commitments, we have to ferret out all traces (...) of nonliterality in our assertions; if there is no sensible project of doing that, there is no sensible project of Quinean ontology. /// [Andre Gallois] I discuss Steve Yablo's defence of Carnap's distinction between internal and external questions. In the first section I set out what I take that distinction, as Carnap draws it, to be, and spell out a central motivation Carnap has for invoking it. In the second section I endorse, and augment, Yablo's response to Quine's arguments against Carnap. In the third section I say why Carnap's application of the distinction between internal and external questions runs into trouble. In the fourth section I spell out what I take to be Yablo's version of Carnap. In the last I say why that version is especially vulnerable to the objection raised in the second. (shrink)

Postmodernism has evoked great controversy and it continues to do so today, as it disseminates into general discourse. Some see its principles, such as its fundamental resistance to metanarratives, as frighteningly disruptive, while a growing number are reaping the benefits of its innovative perspective. In Political Theory and Postmodernism, Stephen K. White outlines a path through the postmodern problematic by distinguishing two distinct ways of thinking about the meaning of responsibility, one prevalent in modern and the other in postmodern (...) perspectives. Using this as a guide, White explores the work of Heidegger, Foucault, Derrida, Lyotard, and Habermas, as well as 'difference' feminists, with the goal of showing how postmodernism can inform contemporary ethical-political reflection. In his concluding chapter, White examines how this revisioned postmodern perspective might bear on our thinking about justice. (shrink)

This chapter defends the property dualism argument. The term “semantic premise” mentioned is used to refers to an assumption identified by Brian Loar that antiphysicalist arguments, such as the property dualism argument, tacitly assume that a statement of property identity that links conceptually independent concepts is true only if at least one concept picks out the property it refers to by connoting a contingent property of that property. It is argued that, the property that does the work in explaining the (...) possibility of a posteriori identities need not be a first-order property of the referent in question. On his view, the property dualism argument requires only a weaker semantic premise, which allows that the property in question be a higher order property. A refined version of the property dualism argument is formulated, which uses the weaker premise, and defends the argument against various objections. (shrink)

Mental causes are threatened from two directions: from below, since they would appear to be screened off by lower-order, e.g., neural states; and from within, since they would also appear to be screened off by intrinsic, e.g., syntactical states. A principle needed to parry the first threat -causes should be proportional to their effects- appears to leave us open to the second; for why should unneeded extrinsic detail be any less offensive to proportionality than excess microstructure? I say that the (...) second threat relies on a perversion of proportionality that would lay waste to all causal relations. (shrink)

Historical introduction -- Human being -- Identity and human incompletion in Sartre -- Identity and human incompletion in Aquinas -- Human understanding -- The subjective nature of objective understanding in Sartre -- The subjective nature of objective understanding in Aquinas -- Human freedom -- Freedom, choice, and the indetermination of reason in Sartre -- Freedom, choice, and the indetermination of reason in Aquinas -- Human fulfillment -- The possibility of human happiness in Sartre -- The possibility of human happiness in (...) Aquinas. (shrink)

This paper responds to Sven Bernecker’s argument that agent reliabilism cannot accommodate internalist intuitions about clarvoyance cases. In section 1 we clarify a version of agent reliabilism and Bernecker’s objections against it. In section 2 we say more about how the notion of cognitive integration helps to adjudicate clairvoyance cases and other proposed counterexamples to reliabilism. The central idea is that cognitive integration underwrites a kind of belief ownership, which in turn underwrites the sort of responsibility for belief required for (...) subjective justification. In section 3 we say more about what cognitive integration amounts to, drawing on some recent accounts of desire ownership from the literature on autonomy and moral responsibility. (shrink)

'I think, therefore I am' - Descartes..'Such tricks hath strong imagination..That, if it would but apprehend some joy,..It comprehends some bringer of that joy;..Or in the night, imagining some fear,..How easy is a bush supposed a bear?' - Shakespeare..A unique compendium of key texts of psychology, from Aristotle to cutting-edge neuroscience.

Global Media Ethics is the first comprehensive cross-cultural exploration of the conceptual and practical issues facing media ethics in a global world. A team of leading journalism experts investigate the impact of major global trends on responsible journalism. The first full-length, truly global textbook on media ethics; Explores how current global changes in media promote and inhibit responsible journalism; Includes relevant and timely ethical discussions based on major trends in journalism and global media; Questions existing frameworks in media ethics in (...) light of the impact of global media; Contributors are leading experts in global journalism and communication. (shrink)

Hegel's Philosophy of right concerns ideas on justice, moral responsibility, family life, economic activity and the political structure of the state. He shows how human freedom involves living with others in accordance with publicly recognized rights and laws.

Attention is a complex process that modulates perception in various ways. Phenomenological philosophy provides an array of concepts for describing the rich structures of attention, thereby avoiding reductions to singular aspects of an experiential spectrum. By suggesting various modes and levels of attentional experience, we intend to do some justice to its complexity, taking into account sub-personal and personal factors on the side of subjective horizons and feature-oriented as well as context-oriented aspects on the side of objective horizons.

A belief is reflectively lucky if it is a matter of luck that the belief is true, given what a subject is aware of on reflection alone. Various epistemologists have argued that any adequate theory of knowledge should eliminate reflective luck, but doing so has proven difficult. This article distinguishes between two kinds of reflective luck arguments in the literature: local arguments and global arguments. It argues that local arguments are best interpreted as demanding, not that one be reflectively aware (...) of the reliability of the sources of one’s beliefs, but that one’s beliefs be attributable to one as one’s own. The article then argues that global arguments make illegitimate demands, because they require that we be ultimately answerable for our beliefs. In the end, the article argues that epistemologists should shift their focus away from reflective luck and toward the conditions under which beliefs are attributable to cognitive agents. (shrink)

Substantial efforts have recently been made to reform the physician-patient relationship, particularly toward replacing the `silent world of doctor and patient' with informed patient participation in medical decision-making. This 'new ethos of patient autonomy' has especially insisted on the routine provision of informed consent for all medical interventions. Stronly supported by most bioethicists and the law, as well as more popular writings and expectations, it still seems clear that informed consent has, at best, been received in a lukewarm fashion by (...) most clinicians, many simply rejecting what they commonly refer to as the `myth of informed consent'. The purpose of this book is to defuse this seemingly intractable controversy by offering an efficient and effective operational model of informed consent. This goal is pursued first by reviewing and evaluating, in detail, the agendas, arguments, and supporting materials of its proponents and detractors. A comprehensive review of empirical studies of informed consent is provided, as well as a detailed reflection on the common clinician experience with attempts at informed consent and the exercise of autonomy by patients. In the end, informed consent is recast as a management tool for pursuing clinically and ethically important goods and values that any clinician should see as meriting pursuit. Concurrently, the model incorporates a flexible, anticipatory approach that recognizes that no static, generic ritual can legitimately pursue the quite variable goods and values that may be at stake with different patients in different situations. Finally, efficiency of provision is addressed by not pursuing the unattainable and ancillary. Throughout, the traditional principle of beneficence is appealed to toward articulating an operational model of informed consent as an intervention that is likely to change outcomes at the bedside for the better. (shrink)

What Is Political Theory? provides students with a comprehensive overview of the current state of the discipline. Ten substantive chapters address the most pressing topics in political theory today, including: - what resources do the classic texts still provide for political theorists? - what areas will political theorists focus on in the future? - can western political theory alone continue to provide a framework for responding to the challenges of modern political life? The authors assess the intellectual challenges to conventional (...) political theory, such as post-structuralism and the scientific study of politics that have revitalized the field in the last 30 years. They also broaden the perspective to take in non-western ideas and to reconceptualize political theory in the light of specifically global challenges. Students and teachers of political theory and political philosophy will find this book invaluable in understanding the factors that have shaped current political theory and which will guide its future development. (shrink)

This book draws connections between recent advances in analytic philosophy of mind and insights from the rich phenomenological tradition concerning the nature of thinking. By combining both analytic and continental approaches, the volume arrives at a more comprehensive understanding of the mental process of "thinking" and the experience and manipulation of objects of thought. Contributors scrutinize aspects of thinking that have a common grounding in both the phenomenological and analytic tradition: perception, language, logic, embodiment and situatedness due to individual history (...) or current experience. This collection serves to broaden and enrich the current debate over "cognitive phenomenology," and lays the foundations for further dialogue between analytic and continental approaches to the phenomenal character of thinking. (shrink)

This article clarifies the Buddhist position on freedom and responsibility, while arguing for three central claims. The first is that it is an open question whether Buddhists endorse causal determinism or causal indeterminism. The second claim is that the most promising contemporary interpretations of the Buddhist view fail in important respects. The final claim is that the best interpretation of the Buddhist position on freedom and responsibility is Buddhist Perspectivalism, the view that we should view ourselves as genuinely free and (...) responsible, while viewing others as neither free nor responsible. (shrink)

In this article, I respond to Jennifer Duke-Yonge’s (2012) discussion of my article ‘Reflective Luck and Belief Ownership’ (Breyer, Acta Analytica, 25:133–154, 2010) and defend my Taking Responsibility account of belief ownership against her insightful criticisms.

Violence has become a prominent topic in recent phenomenological investigations. In this paper, I wish to contribute to this ongoing discourse by looking at violence in a literal sense as violation of experiential structures, insofar as it is intentionally, purposefully, and strategically imposed on a subject by another agent. Phenomenology provides the descriptive methodology for elucidating such structures. The violation can take the form of a radicalization, in which one of the aspects of polar experiential spectra becomes predominant, i.e. the (...) balance between them is shifted to one extreme. I focus on the relationship between self and other on the one hand, and the relationship between body-as-subject and body-as-object on the other, as prominent topoi in the phenomenological literature. With regard to torture and solitary confinement as forms of extreme violence, I analyze how these structures are disturbed. (shrink)

I examine the (mediated) correspondence between Spinoza and Robert Boyle concerning the latter’s account of fluidity and his experiments on reconstitution of niter in the light of the epistemology and doctrine of method contained in the Treatise on the Emendation of the Intellect. I argue that both the Treatise and the correspondence reveal that for Spinoza, the proper method of science is not experimental, and that he accepted a powerful under-determination thesis. I argue that, in contrast to modern versions, Spinoza’s (...) form of naturalism was a highly rationalist and anti-empirical one. I conclude with a brief account of the value of experience and experimentation for Spinoza’s scientific method. (shrink)

As a practising lawyer and judge, it is the insights gained from Stephen's own experience that give an added practical dimension to this work. As well as his accounts of the history of the branches of the law, Stephen gives several fascinating analyses of famous trials, and explores the relation of madness to crime and the relation of law to ethics, physiology, and mental philosophy. His discussion also includes the subjects of criminal responsibility, offences against the state, the (...) criminal jurisdiction of the Privy Council, libel, Indian criminal law and offences against religion. (shrink)

Philosophie der Verkörperung : Grundlagen und Konzepte -- Dimensionene verkörperter Intersubjektivität -- Perspektivität als Grundstruktur leiblicher Erfahrung -- Interpersonalität und leibliche Performanz -- Der Mensch im Spiegel des Anderen -- Empathie und Intentionalität -- Empathie und Emotionalität -- Narrative Emphathie.

This paper revolves around the question of how we can phenomenologically interpret the application of the mirror metaphor to intersubjectivity. To answer this question, we must first clarify the phenomenon of the mirror itself, and specifically its function and how the objects it reflects appear, as well as the modes of self- and other-relations that it makes possible. We can compare these properties with the characteristics of intersubjectivity in order to find out how sound or significant the mirror metaphor is (...) here. Our goal then is not to show whether the mirror metaphor is a ‘correct’ or ‘false’ descriptive determination of intersubjectivity. Redeeming the metaphor in the phenomenological sense would require that we elucidate which aspects of the mirror phenomenon permit an analogy with the Other and which do not. If the metaphor were to conform perfectly with the analogy, and if one could transform it into a verifiable and complete description, it would no longer be a metaphor. In other words, metaphors live by the dialectic of their resolvable and irresolvable descriptive elements. We must preserve this tension in our phenomenological analysis while bracketing any overarching assessments of the metaphor. Only when we have worked out the individual aspects of the core of the matter, can we examine the adequacy of its application to the sphere of intersubjectivity. In the following, then, our task is a critique of the metaphor, in the sense of unpacking its specific phenomenal features, on the basis of which we may then discuss whether or not we can carry out a metaphorical translation of those features. Indeed, even though the metaphor is such a prominent one, the paper demonstrates its limitations when it comes to determining social relations. (shrink)

Libertarian views on rights tend to rule out coercive redistribution for purposes of public health care guarantees, whereas liberal conceptions support coercive funding of potentially unlimited access to medical services in the name of medical needs. Taking the “priority of liberty” seriously as supreme political value, a plausible prudential argument can avoid these extremes by providing systematic reasons for both delivering and limiting publicly financed guarantees. Given impending demographic change and rapid technical progress in medicine, only a two-tier system with (...) explicitly limited public guarantees and optional privately financed health services seems acceptable. (shrink)

Philosophical Perspectives on Art presents a series of essays devoted to two of the most fundamental topics in the philosophy of art: the distinctive character of artworks and what is involved in understanding them as art. In Part I, Stephen Davies considers a wide range of questions about the nature and definition of art. Can art be defined, and if so, which definitions are the most plausible? Do we make and consume art because there are evolutionary advantages to doing (...) so? Has art completed the mission that guided its earlier historical development, and if so, what is to become of it now? Should architecture be classified as an art form? -/- Part II turns to the interpretation and appreciation of art. What is the target and purpose of the critic's interpretation? Is interpretation primarily directed at uncovering artists' intended meanings? Can apparently contradictory interpretations of a given piece both be true? Are interpretative evaluations entailed by descriptions of a work's aesthetic and artistic characteristics? In addition to providing fresh answers to these and other central questions in aesthetics, Davies considers the nature and content of metaphor, and the relation between the expressive qualities of a work of art and the emotions of its creator. (shrink)

According to credit theories of knowledge, S knows that p only if S deserves credit for truly believing that p. This article argues that any adequate credit theory has to explain the conditions under which beliefs are attributable to subjects. It then presents a general account of these conditions and defends two models of cognitive agency. Finally, the article explains how an agent-based approach rescues the credit theory from an apparent counterexample. The article's defense of the credit theory is qualified, (...) however, for one lesson that emerges is that credit theories are theories of subjective justification, not theories of knowledge. (shrink)

This article distinguishes between several modifications of perception and perspective-taking in order to grasp the relevance of phantasmatic and imaginatory consciousness for empathy. Drawing on insights from phenomenology, it tries to elucidate the complex process of empathically perceiving and understanding the other by looking at the structures of anticipation and fulfilment from the level of self-affection, to perceptual, personal, and narrative perspective-taking. Thereby, the problem of objectifying the personal background of the other in empathic transposition is addressed and the intertwinements (...) of expectation-driven and stimulus-driven components of the empathic process are reviewed. (shrink)

This book draws connections between recent advances in analytic philosophy of mind and insights from the rich phenomenological tradition concerning the nature of thinking. By combining both analytic and continental approaches, the volume arrives at a more comprehensive understanding of the mental process of "thinking" and the experience and manipulation of objects of thought. Contributors scrutinize aspects of thinking that have a common grounding in both the phenomenological and analytic tradition: perception, language, logic, embodiment and situatedness due to individual history (...) or current experience. This collection serves to broaden and enrich the current debate over "cognitive phenomenology," and lays the foundations for further dialogue between analytic and continental approaches to the phenomenal character of thinking. (shrink)

This paper brings neuroscientific experiments into relation with concepts from phenomenological philosophy to investigate phantom sensations from the perspective of embodied subjectivity. Using a mirror device to create intersensory effects in subjects experiencing phantom sensations, one can create illusions aiming at alleviating phantom pain. Neuroplasticity as a general property of the brain and cortical remapping as a specific mechanism underlying the success of this procedure are interpreted with the phenomenological notions of body image, body schema, and body memory. It is (...) argued that a phantom can be understood as an ambiguous unity of body-imagistic neglect and body-schematic remembering. This neurophenomenological approach highlights the significance of the polarity of subjective-objective embodied experience one the one hand, and the spatial and temporal horizons of the emergence of phantoms on the other. Thereby, implicit and explicit forms of remembering, habitual and reflective modes of behavioural and cognitive self-representation and -understanding can be compared according to how the body integrates its various sensations. (shrink)

Human activity is permeated by norms of all sorts: moral norms provide the 'code' for what we ought to do, norms of logic regulate how we ought to reason, scientific norms set the standards for what counts as knowledge, legal norms determine what is lawfully permitted and what isn't, aesthetic norms establish canons of beauty and shape artistic trends and practices, and socio-cultural norms provide criteria for what counts as tolerable, just, praiseworthy, or unacceptable in a community or milieu. Given (...) the diversity of norm-governed phenomena prevailing in our everyday experience, it is not surprising that the question of normativity has recently generated important debates in philosophy. However, the more specific question concerning the nature and function of 'norms in perceptual experience' has received comparatively little attention. This volume brings together scholars from philosophy of mind, philosophy of perception, and phenomenology to explore this question. (shrink)

Einleitung Im Vorwort zur zweiten Auflage der Stufen des Organischen schreibt Helmuth Plessner über das Verhältnis zwischen der Phänomenologie und seiner Philosophischen Anthropologie: « Man wird Verständnis dafür haben, daß ich das Vorwort zur Neuauflage nicht durch Auseinandersetzungen mit Lehrmeinungen beschwere, die zu diesem Buch keine Beziehung haben. Bei Sartre, vor allem in seinen frühen Arbeiten, und bei Merleau-Ponty finden sich manchmal überraschende Übereinstimmungen mit meinen Formulier­ungen, so daß nicht nur ich mich gefragt habe, ob sie nicht vielleicht doch die (...) Stufen kannten. Aber das gleiche ist mir auch bei Hegel passiert, auf den ich mich hätte berufen müssen, wären mir damals die entsprechenden Stellen bekannt gewesen. Konvergenzen beruhen nicht immer auf Einfluß. Es wird in der Welt mehr gedacht, als man denkt. » 1 Doch nicht nur kannte Plessner, als er die Stufen verfasste, die von ihm selbst angesprochenen Hegel-Stellen nicht, sondern es war ihm auch ein beträchtlicher Teil von Husserls Beiträgen zur Intersubjektivitätsthematik, z.B. die V. Cartesianische Medita­tion , unzugänglich. 2 Aufgabe dieses Aufsatzes ist es, einige nicht auf direktem Einfluss beruhende, aber doch Konvergenzen aufweisende Aspekte der Husserlschen und auf Husserl zurückgehenden Phänomenologie einerseits und der Plessnerschen Position andererseits darzustellen. Im Zentrum der Überlegungen steht neben den Stufen ein zweites Hauptwerk. (shrink)

v. 1. The collective use and evolution of concepts.