We show that in the Maxwell–Lorentz theory of classical electrodynamics most initial values for fields and particles lead to an ill-defined dynamics, as they exhibit singularities or discontinuities along light-cones. This phenomenon suggests that the Maxwell equations and the Lorentz force law ought rather to be read as a system of delay differential equations, that is, differential equations that relate a function and its derivatives at different times. This mathematical reformulation, however, leads to physical and philosophical consequences for the ontological (...) status of the electromagnetic field. In particular, fields cannot be taken as independent degrees of freedom, which suggests that one should not add them to the ontology. (shrink)

Health care often involves ethically difficult situations that may disquiet the conscience. The purpose of this study was to develop a questionnaire for identifying various perceptions of conscience within a framework based on the literature and on explorative interviews about perceptions of conscience (Perceptions of Conscience Questionnaire). The questionnaire was tested on a sample of 444 registered nurses, enrolled nurses, nurses’ assistants and physicians. The data were analysed using principal component analysis to explore possible dimensions of perceptions of conscience. The (...) results showed six dimensions, found also in theory and empirical health care studies. Conscience was perceived as authority, a warning signal, demanding sensitivity, an asset, a burden and depending on culture. We conclude that the Perceptions of Conscience Questionnaire is valid for assessing some perceptions of conscience relevant to health care providers. (shrink)

Incest is a crime in most societies. In the United States, incest is punishable in almost every state with sentences going as far as 20 and 30 years in prison, and even a life sentence. Yet the reasons traditionally proffered in justification of criminalization of incest—respecting religion and universal tradition; avoiding genetic abnormalities; protecting the family unit; preventing sexual abuse and sexual imposition; and precluding immorality—at a close examination, reveal their under- and over-inclusiveness, inconsistency or outright inadequacy. It appears that (...) the true reason behind the long history of the incest laws is the feeling of repulsion and disgust this tabooed practice tends to evoke in the majority of population. However, in the absence of wrongdoing, neither a historic taboo nor the sense of repulsion and disgust legitimizes criminalization of an act. (shrink)

A collection of essays by an international team of scholars, _Archival Afterlives_ explores the posthumous fortunes of scientific and medical archives in early modern Britain. It demonstrates the sustaining importance of archival institutions in the growth of the “New Sciences.”.

Prilozhenie I. Chelovek v totalitarnom gosudarstve -- Prilozhenie II. Iz-pod glyb -- Prilozhenie III. Lenin i Bogdanov -- Prilozhenie IV. Voskresenie.

ExcerptCarl Schmitt (1888–1985) is known as the most consequential German legal and political mind of the twentieth century.1 Many crimes of the Nazi regime found support in his conceptual justifications, and Schmitt is called the “Crown Jurist” of the Third Reich with good reason. Historians, political scientists, and sociologists must grapple with the author in order to understand the course of totalitarianism in modernity. Whether literary historians should do so is far less settled, though he was fascinated by their object (...) of study. His writings on literary topics are said to reveal much about Schmitt’s person, politics, and period, but little about literature itself.2 This explains why his “Don Quijote und das Publikum” (“Don Quixote and the Public”), published in the arts and cultural journal Die Rheinlande in 1912, was almost unknown in literary studies for a century.3 Schmitt’s text on the novel by Miguel de Cervantes has not been reprinted, and until recently it had not been translated from the original German. Size has a role too. At under two thousand words, the text has probably escaped notice due to its small scale.4 Recent English and Italian translations in major humanistic journals may signal the end of its obscurity though.5 “Don Quixote and the Public” is at the door of literary studies. The question now is not whether to respond, but how. (shrink)

Plants synthesize with photons, so we commonly say. This article on photosynthesis introduces a notion of concepts that are to be thought of as capital and yet natural. They constitute a metaphysics of meteora alloys and copiousness through “actively lacking” a “proper” notion of conception.

Many arguments have been made against gene editing. This paper addresses the commonly invoked argument that gene editing violates human dignity and is ultimately a subversion of human nature. There are several drawbacks to this argument. Above all, the concept of what human dignity means is unclear. It is not possible to condemn a practice that violates human dignity if we do not know exactly what is being violated. The argument’s entire reasoning is thus undermined. Analyses of the arguments involved (...) in this discussion have often led to the conclusion that gene editing contravenes the principle of genetic identity (genetic immutability) thereby subverting a requisite of human dignity and ultimately threatening human nature. This paper refutes these arguments and shows that any opposition to gene editing cannot rely on the human dignity argument. (shrink)

The defense of necessity, also known as the “choice of evils,” reflects popular moral intuitions and common sense: sometimes, breaking the rules is the right—indeed, the only—thing to do in order to avoid a greater evil. Citing a classic example, mountain climbers may break into a cabin to wait out a deadly snow storm and appropriate the owner’s provisions because their property violations are a lesser evil compared to the loss of life. At the same time, this defense contradicts the (...) fundamental principles of criminal responsibility in that it authorizes violation of rights of innocent bystanders. By allowing the mountain climbers to override the property rights of the cabin owner, the defense effectively forbids the cabin owner to use force in response—a different rule would perpetuate violence. This outcome is at odds with the basic criminal law doctrines. There is no general duty to rescue in Anglo-American law. Yet, by forbidding the cabin owner to use force, the defense of necessity essentially imposes on him the duty to forego his interests in favor of those of the mountain climbers. The paper explores the origins and boundaries of the defense of necessity. It argues that the existing public and private theories of necessity are unsatisfactory and concludes that a viable theory of necessity should be able to explain why it is sometimes permissible to override individual rights of citizens without their consent or fault. (shrink)

In this article, I try to go beyond the traditional objections to strict liability public welfare offenses and confront other possible justifications for punishing non-culpable conduct. Specifically, I consider the following arguments:Penalties for public welfare offenses are punishment by name only, thus traditional justifications for punishment are not needed;Even if those penalties are punishment, punishing those who produce or threaten significant harm to others is not necessarily unjust; andEven if such punishment is not entirely just, it is consistent with other (...) widely accepted criminal law doctrines. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Desire of the Analysts: Psychoanalysis and Cultural CriticismVera J. Camden (bio)Desire of the Analysts: Psychoanalysis and Cultural Criticism. Ed. Greg Forter and Paul Allen Miller. New York: SUNY P, 2008. 258 pp.This collection takes up the uses of psychoanalysis for cultural studies in the new millennium. Its editors and contributors ask, “Where is psychoanalysis in contemporary thought?” At a time when the empirically based psychologies have long repudiated (...) the “talking cure” to the extent that the unconscious is not visible or easily measured, and when, on the other hand, psychoanalysis has been associated in the humanities with a radical political and social agenda, disappointed hopes for change have led many to throw the baby of psychoanalysis out with the bathwater of a utopian vision of transformation. The question now remains: “Whither psychoanalysis?” To answer this question (which is also a demand), the editors first acknowledge that the critique and curtailing of psychoanalytic thought in the cultural studies programs across the country in the last decade or so has been influenced by the works of Michel Foucault, his disciples, and the New Historicism. At the same time, they believe that the political, psychological, and moral dangers of embracing a knowing and cynical postmodernism that fosters hollow consumerism premised on modes of subjectivity that “neither ‘express’ interiority nor bear any relation to a lived past” are a real and present danger in contemporary life. “That the triumph of such a view has coincided with intellectuals’ renewed suspicion of psychoanalysis should, we believe, give us pause” (8). The essays that constitute the present volume thus insist on the persistence of the desire of the analyst: for knowledge of self and other, and by those who long for interpretive insight into interior lives and social places. The volume thus poses for its readers twin questions: “Why do we continue to desire psychoanalysis, and what should its role be in the cultural criticism of the new millennium?”This collection grew out of a conference organized around this question and thus reflects the varied but not necessarily interconnected papers offered in that setting. In an effort to provide some interconnections, the collection is divided into four sections grouped around the topics of psychoanalysis and the future of cultural criticism, collectivity, the author, and sexuality. The grouping does not, in my estimation, provide unity or coherence to the volume as a whole; nevertheless, each article emerges on its own terms as a strong contribution to the general field of psychoanalytic cultural criticism and critical theory. Henry Sussman’s “Psychoanalysis, Religion, and Cultural Criticism at the Millennium” provides an anchoring perspective to the volume, addressing with particular urgency the mutually transformative desire of and for analysis modeled on the transference/countertransference clinical encounter. This analogy [End Page 153] suggestively sets the stage for a like transformative intervention by the analyst in a cultural critique, while acknowledging that cultural studies provides the best interpretation and assessment of the ways that psychoanalysis operates historically and clinically in contemporary society. Sussman—and indeed many of the contributors—underscores the editors’ organizing declaration that since psychoanalysis derived from lived human experience it stands to reason that “analysis is both the product of and answer to suffering” (15).Thus it comes as something of a surprise that one of its editors, Greg Forter, in “F. Scott Fitzgerald, Psychobiography, and the Fin-de-Siecle Crisis in Masculinity,” locks the subject of psychoanalysis into a stranglehold with his presuppositions about the limits of history and the origins of psychoanalysis in the modern moment: “Because the theory and techniques of psychoanalysis were developed by analyzing modern men and women, psychoanalysis may be a theory of modern subjectivity rather than of subjectivity as such, and its mode of inquiry may be best suited to analyzing the phenomena of modernity” (148). Contrast this limiting and limited sense of the place of psychoanalysis in history (and the concomitant restriction of its utility expressed ironically in a volume with two major articles on premodern cultural texts!) to recent remarks in a new book by Christopher Bollas: “For thousands of years there has been an unconscious preconception of psychoanalysis. We [...] human beings [...] have been searching for... (shrink)

A large network of alchemical agents spread from the tiny, land-locked duchy of Saxe- Gotha-Altenburg outward across Europe. At its centre, Duke Friedrich I meticulously documented his interactions with many alchemical personalities during the 1670s and 1680s. The story of one such personality illustrates the changing meanings of distant alchemical knowledge both to the inner circle of courtly alchemists and to a larger alchemical republic. Born near Gotha, Johann Otto von Hellwig built his pan-European career on a youthful stay on (...) Java. To some, this indicated his access to exotic naturalia which might be imported to a centre of collection, such as Gotha. For others, Hellwig could access a wisdom hidden abroad since ancient Egypt, which should be disseminated among widely dispersed adepts. These viewpoints indicate different functions for distant knowledge, as well as differing desired trajectories for this knowledge. (shrink)

The aim of this paper is to show some of my contributions to the exegesis of Quine’s philosophy, emphasizing the role played by notions such as empathy and transcendence in his philosophical system. I hold that Quine is a rigorous systematic philosopher, and that in order to understand each one of his theses and critiques we need to analyze them within the totality of his philosophical investigations. I believe that his system derives from what we call his epistemological project and (...) that all his philosophical theses are founded in his theory of language learning. I also maintain that Quine’s philosophy shows a very strong pragmatic aspect more closely related to Wittgenstein’s tradition and that one of speech acts theorists than to the Skinnerian tradition with which Quine is often associated. In addition I believe that the overall position of his theses has been presented in Word and Object, and that all his subsequent works served to clarify or complement his ideas, not to change them. Thus, I do not agree with those who argue that Quine changed his philosophical position in the course of time. (shrink)

A claim made by Buddhist or Buddhism-affine scholars such as Michael LaTorra and James Hughes is that transhumanism, neuroscience, and the teachings of Buddhism are compatible because they aim to alleviate suffering and pain and attain a stable state of happiness. This claim can be challenged. At first glance, the approach seems valid, because since the 1980s there have been dialogues and scientific collaborations with representatives of Tibetan Buddhism and scientists on the topics of neuroscience, consciousness, ethics and technology, and (...) in this context new interpretations of Buddhist thought have emerged such as ‘Buddhist modernism’ (E. Thompson). In this discussion note, however, two main arguments are advanced as to why the claim and terminology of Buddhist transhumanism are difficult to reconcile with Buddhist terminology, values, and methods: (1) the difference between the use of such methods as meditation and contemplation and the application of so-called human enhancement technologies (2) and differences concerning self-understanding in Western science and Buddhism. (shrink)

According to the doctrine of Super-Humeanism, the world’s mosaic consists only of permanent matter points and changing spatial relations, while all the other entities and features figuring in scientific theories are nomological parameters, whose role is merely to build the best law system. In this paper, I develop an argument against Super-Humeanism by pointing out that it is vulnerable to and does not have the resources to solve the well-known problem of immanent comparisons. Firstly, I show that it cannot endorse (...) a fundamentalist solution à la Lewis, since its two pillars—a minimalist ontology and a best system account of lawhood—would generate, together, a tedious problem of internal coherence. Secondly, I consider anti-fundamentalist strategies, proposed within Humeanism, and find them inapplicable to the Super-Humean doctrine. The concern is that, since it is impossible to choose the best law system within Super-Humeanism, this doctrine may be charged with incoherence. (shrink)

In this paper, I discuss whether the results of loop quantum gravity (LQG) constitute a fatal blow to Humeanism. There is at least a prima facie reason for believing so: while Humeanism regards spatiotemporal relations as fundamental, LQG describes the fundamental layer of our reality in terms of spin networks, which are not in spacetime. However, the question should be tackled more carefully. After explaining the importance of the debate on the tenability of Humeanism in light of LQG, and having (...) presented the Humean doctrine, I review two cases which present serious threats to Humeanism, one concerning the fundamentality of vectorial quantities and the other concerning quantum entanglement. In particular, I recall the strategies that are usually employed in these two cases in order to save Humeanism: in the first case, the strategy consists in amending the characterization of the Humean mosaic; in the second case, it consists in adopting a realist or nomological interpretation of the wave function. These solutions will turn out to be helpful in my discussion of LQG where, after describing LQG, I show that Humeans might save their doctrine either by endorsing a realist interpretation of spin networks, or by giving them a nomological status and, at the same time, by revisiting the characterization of the Humean mosaic. However, I conclude that both solutions are wanting. (shrink)

In diesem Buch stellt sich die Frage nach der Wahrheit nicht über den Gegensatz von wahr und falsch, sondern im Zusammenhang mit verschiedenen Modi der Gewißheit: Wahrheit in ihren komplexen Beziehungen zu praktischen Fragen und der Notwendigkeit von Urteilen. Diese Fragen werden systematisch differenziert und historisch diskutiert. Die Autorin verdeutlicht mit dem Nachweis der entscheidenden Funktion der Urteilskraft die Verbindungen und Bruchstellen zwischen theoretischer und praktischer Philosophie. Der Urteilskraft kommt als einer individuellen Fähigkeit die Aufgabe zu, die Reaktion Anderer auf (...) das eigene Fürwahrhalten ohne eine letzte allgemeine Regel einzuschätzen. Theoretische Philosophie geht hier in politische Philosophie (Kant) bzw. in Philosophie der Psychologie (Wittgenstein) über. (shrink)

Metaphysical anti-realism is a large and heterogeneous group of views that do not share a common thesis but only share a certain family resemblance. Views as different as mathematical nominalism—the view that numbers do not exist—, ontological relativism—the view that what exists depends on a perspective—, and modal conventionalism—-the view that modal facts are conventional—all are versions of metaphysical anti-realism. As the latter two examples suggest, relativist ideas play a starring role in many versions of metaphysical anti-realism. But what does (...) it mean for the existence of something to “depend on” a perspective, or for a modal fact to “depend on” a convention? We can distinguish between various dependence relations, giving rise to an array of drastically different forms of metaphysical anti-realism. This article offers a guided tour. I develop a systematic distinction between various forms of metaphysical anti-realism with a focus on the role of relativist ideas in this landscape. (shrink)

Replicability is usually considered to be one of the cornerstones of science; however, the growing recognition of nonreplicable experiments and studies in scientific journals—a phenomenon that has been called ‘replicability crisis’—has spurred a debate on the meaning, function, and significance of replicability in science. Amid this discussion, it has become clear that replicability is not a monolithic concept; what is still controversial is exactly how the distinction between different kinds of replicability should be laid out terminologically and conceptually, and to (...) what extent it bears on the more general debate on the centrality of replicability in science. This paper’s goals are to clarify the different uses of the terms related to replicability and, more importantly, to conceptually specify the kinds of replicability and their respective epistemic functions. (shrink)

Classic publishing of Eastern philosophy, religion, and poetry. This is a facsimile edition of the work originally published in London by John Murray in 1940.

Although Chinese law imposes informed consent for medical treatments, the Chinese understanding of this requirement is very different from the European one, mostly due to the influence of Confucianism. Chinese doctors and relatives are primarily interested in protecting the patient, even from the truth; thus, patients are commonly uninformed of their medical conditions, often at the family’s request. The family plays an important role in health care decisions, even substituting their decisions for the patient’s. Accordingly, instead of personal informed consent, (...) what actually exists is ‘family informed consent’. From a Western perspective, these features of Chinese law and Chinese culture might seem strange, contradicting our understanding of doctor-patient relationship and even the very essence of self-determination and fundamental rights. However, we cannot forget the huge influence of cultural factors in these domains, and that ‘Western’ informed consent is grounded on the individualistic nature of Western culture. This article will underline the differences between the Western and the Chinese perspectives, clarifying how each of them must be understood in its own cultural environment. But, while still respecting Chinese particularities, this paper advocates that China adopt patient individual informed consent because this is the only solution compatible with human dignity and human rights. (shrink)

One dimension of cognitive success concerns getting it right: having many true beliefs and no false ones. Another dimension of cognitive success concerns using the right concepts. For example, using a concept of a person that systematically excludes people of certain demographics from its extension is a sort of cognitive deficiency. This view, if correct, tasks inquirers with critically examining the concepts they are using and perhaps replacing those concepts with new and better ones. This task is often referred to (...) as “conceptual engineering”. However, so far it is unclear what exactly happens in cases of conceptual engineering. How does language change when we engineer a concept? This article offers an answer. I propose a view on which, when speakers assess the truth of propositions, they often rely on assumptions with regard to what is required for their truth. For example, when speakers assess whether unborn fetuses are people, they rely on assumptions with regard to what is required to be a person. Based on this idea, I develop a model of conceptual engineering according to which speakers “engineer concepts” when they change how they assess the truth of propositions. For example, speakers engineer the concept of a person when they change how they assess the truth of the proposition that unborn fetuses are people. (shrink)

We compare the performance of liability rules for managing environmental disasters when third parties are harmed and cannot always be compensated. A firm can invest in safety to reduce the likelihood of accidents. The firm’s investment is unobservable to authorities. The presence of externalities and asymmetric information call for public intervention in order to define rules aimed at increasing prevention. We determine the investments in safety under No Liability, Strict Liability, and Negligence rules, and compare these to the first best. (...) Additionally, we investigate how the ability of the firm to fully cover potential damage affects the firm’s behavior. An experiment tests the theoretical predictions. In line with theory, Strict Liability and Negligence are equally effective; both perform better than No Liability; investment in safety is not sensitive to the ability of the firm to compensate potential victims. In contrast with theory, however, prevention rates absent liability are much higher and liability is much less effective. (shrink)

The possibility of neurotechnological interference with our brain and mind raises questions about the moral rights that would protect against the (mis)use of these technologies. One such moral right that has received recent attention is the right to mental integrity. Though the metaphysical boundaries of the mind are a matter of live debate, most defences of this moral right seem to assume an internalist (brain-based) view of the mind. In this article, we will examine what an extended account of the (...) mind might imply for the right to mental integrity and the protection it provides against neurotechnologies. We argue that, on an extended account of the mind, the scope of the right to mental integrity would expand significantly, implying that neurotechnologies would no longer pose a uniquely serious threat to the right. In addition, some neurotechnologies may even be protected by the right to mental integrity, as the technologies would becomepart ofthe mind. We conclude that adopting an extended account of the mind has significant implications for the right to mental integrity in terms of its protective scope and capacity to protect against neurotechnologies, demonstrating that metaphysical assumptions about the mind play an important role in determining the moral protection provided by the right. (shrink)

The Western metaphor of self-as-identity?as a static, inherently exclusive entity?has been instrumental, historically, to our radical separation from nature, and still hampers a reviving of genuine participation with nature. Suggesting an alternative to this metaphor (informed by literacy as technology), I explore the more nature-informed metaphor of dynamic, complex self-systems, involving both natural and human subsystems. Through this latter metaphor, I re-vision radical participation with nature: in the process of perception, in epistemology/ontology, and in the ways of indigenous, oral cultures. (...) This systems metaphor also sheds contrasting light on literacy-informed, Western ways. (shrink)

The events surrounding COVID-19, combined with the mandatory quarantines widely imposed in Asia and Europe since the virus outbreak, have reignited discussion of the balance between individual rights and liberties and public health during epidemics and pandemics. This article analyses this issue from the perspectives of precaution and necessity. There is a difficult relationship between these two seemingly opposite principles, both of which are frequently invoked in this domain. Although the precautionary principle encourages the use of quarantines, including mandatory quarantines, (...) and associated restrictive measures, the principle of necessity puts a break on such measures. The COVID-19 pandemic reveals once again the different interrelations between these two principles. However, the alleged conflict between the PN and the PP is based on a superficial analysis. The relation between these two principles is far more complex, as this article will demonstrate. (shrink)

Theodor Fontane war von Kindheit an ein Bildernarr. Und so sind auch seine Romane grosszügig mit Bildern ausgestattet, und zwar wortwörtlich: in Sprache übertragen und in Literatur verwandelt. Manchmal ist es nur eine Anspielung, zuweilen bloss ein Werktitel oder Künstlername, dann wiederum werden mit wenigen Sätzen Gemälde gleichsam reproduziert. Von Sternbildern bis Briefmarken, von Meissner Nippes bis zu Deckengemälden reichen die Bildbeispiele, die in den Romanen genannt, vom Erzähler und seinen Figuren erinnert, diskutiert, gekauft, vererbt, geschaffen und zerstört werden. Alle (...) wichtigen Geschehnisse und Themen spiegeln sich in Bildern, mit Bildern lernen sich Figuren kennen und lieben, wegen Bildern zerstreiten und trennen sie sich. Fontane hat in seinen Romanen an über 1 500 Textstellen Bildmotive eingearbeitet: Porträts, Wappen, Orden, Ornamente, Denkmäler oder Heiligenbilder schimmern wie Wasserzeichen durch seine Texte hindurch. Viele dieser Bilder sind jedoch für heutige Leserinnen und Leser?verblasst?, ihr ikonografischer Gehalt ist kaum noch gegenwärtig. Die Erkundungen des Lese- und Bilderbuches führen insofern oftmals durch Terra incognita. Dabei ist es nicht nötig, Fontanes Werke zu kennen, um der Tour durch sein Musée imaginaire folgen zu können. Diese navigiert durch den gesamten Raum seiner Geschichten wie durch einen einzigen Riesenroman und geht den Motivlinien und Mustern nach, die der Autor gesetzt hat, etwa den Bildern der Liebe, der Macht und des Todes, den Bildern des Wissens und den neuen Bildmedien des 19. Jahrhunderts. (shrink)

One of the admirable purposes of the current anthology is to attempt a dialogue between professional philosophers of biology and biological scientists. This is indeed an ambitious undertaking, because although the former group pays a lot of attention to the latter, active scientists rarely pay heed to what the philosophers of biology, or even of science in general, have to say. The current paper is an attempt to address some reasons why this might be so from the bench-level view of (...) a biological scientist who has only a superficial acquaintance with the philosophy of science. Any excursion out of the confines of one’s professional discipline, such as the current one, generates the healthy fear that the exercise will end up in humiliation for the fool who attempts it. I have, perhaps foolishly, overcome this fear in the spirit of this symposium, with the hope that my more glaring errors of interpretation of the philosophy of science will be forgiven by the professional philosophers reading this paper, in the interest of establishing a dialogue. (shrink)

The following account is based on the idea that metaphors are not only illustrative but constructive: they connect things and create new meanings that would not exist without them. The tricky point seems to me that metaphors are unavoidable, yet can only be determined situatively, because they are the result of complex transfers of meaning. In order to make these assumptions plausible, I will use some examples from the history of microbiology, especially from the discourse of the parasite.