To precisely define wisdom has been an ongoing task of philosophers for millennia. Investigations into the psychological dimensions of wisdom have revealed several features that make exemplary persons “wise.” Contemporary bioethicists took up this concept as they retrieved and adapted Aristotle’s intellectual virtue of phronesis for applications in medical contexts. In this article, we build on scholarship in both psychology and medical ethics by providing an account of clinical wisdom qua phronesis in the context of the practice of psychoanalysis and (...) psychodynamic psychotherapy. With the support of qualitative data, we argue that the concept of clinical wisdom in mental healthcare shares several of the key ethical dimensions offered by standard models of phronesis in medical ethics and serves as a useful, albeit overlooked, reference point for a broader development of virtue-based medical ethics. We propose that the features of clinical wisdom are pragmatic skills that include, but are not limited to, an awareness of balance, the acceptance of paradox, and a particular clinical manner that maintains a deep regard for the Other. We offer several suggestions for refining training programs and redoubling efforts to provide long-term mentorship opportunities for trainees in clinical mental healthcare in order to cultivate clinical wisdom. (shrink)

To precisely define wisdom has been an ongoing task of philosophers for millennia. Investigations into the psychological dimensions of wisdom have revealed several features that make exemplary persons "wise." Contemporary bioethicists took up this concept as they retrieved and adapted Aristotle's intellectual virtue of phronesis for applications in medical contexts. In this article, we build on scholarship in both psychology and medical ethics by providing an account of clinical wisdom qua phronesis in the context of the practice of psychoanalysis and (...) psychodynamic psychotherapy. With the support of qualitative data, we argue that the concept of clinical wisdom in mental healthcare shares several of the key ethical dimensions offered by standard models of phronesis in medical ethics and serves as a useful, albeit overlooked, reference point for a broader development of virtue-based medical ethics. We propose that the features of clinical wisdom are pragmatic skills that include, but are not limited to, an awareness of balance, the acceptance of paradox, and a particular clinical manner that maintains a deep regard for the other. We offer several suggestions for refining training programs and redoubling efforts to provide long-term mentorship opportunities for trainees in clinical mental healthcare in order to cultivate clinical wisdom. (shrink)

We briefly respond to Bursztajn and colleagues’ commentary on our article, “Clinical Wisdom in Psychoanalysis and Psychodynamic Psychotherapy: A Philosophical and Qualitative Analysis.”.

In response to the article by Baum-Baicker and Sisti, I will consider the kind of wisdom involved in therapeutic listening; the role of life wisdom; and the challenge of imparting clinical wisdom to young health professionals’ education.

A long-debated question in the philosophy of health, and contingent disciplines, is the extent to which wise clinical practice (“clinical wisdom”) is, or could be, compatible with empirically validated medicine (“evidence-based medicine”—EBM). Here we respond to Baum-Baicker and Sisti, who not only suggest that these two types of knowledge are divided due to their differing sources, but also that EBM can sometimes even hurt wise clinical practice. We argue that the distinction between EBM and clinical wisdom is poorly (...) defined, unsupported by the methodology employed, and ultimately incorrect; crucial differences exist, we argue, not in the source of a particular piece of clinical knowledge, but in its dependability. In light of this subtle but fundamental revision, we explain how clinical wisdom and EBM are—by necessity—complementary, rather than in conflict. We elaborate on how recognizing this relationship can have far-reaching implications for the domains of clinical practice, medical education, and health policy. (shrink)

In this issue of JCE, Baum-Baicker and Sisti present senior psychoanalysts’ views of wisdom.Although views on wisdom differ widely, there is agreement that when ethical conflicts arise, wisdom may be critical in bringing about an optimal result. Here I will present recent empirical findings on wisdom and the ways careproviders may acquire and apply it, especially in ethical conflicts. The findings are not well-known and may seem counterintuitive; I selected them, in large part, for those reasons. A core (...) challenge may be to decide when to give patients standard care and when to make exceptions. In this issue of JCE, Baum-Baicker and Sisti discuss exceptions and Bursztajn and colleagues consider how these exceptions may be further validated as evidence-based treatments. (shrink)

I argue for the possibility of posthumous harm based on an account of the harm of murder. I start with the deep-seated intuition that when someone is murdered he (or she) is harmed (over and above the pain of injury or dying), and argue that Feinberg's account that assumes that harm is an invasion of an interest cannot plausibly accommodate this intuition. I propose a new account of the harm of murder: it is an irreversible loss of functions necessary for (...) worthwhile existence. I suggest a (partial) loss analysis of harm in general, and then go on to apply it to posthumous harm and defend the idea that there can be posthumous losses. (shrink)

The experiences of 90 individuals who self-identify as “excessive” or “maladaptive” fantasizers are summarized in this report. Our sample consisted of 75 female and 15 male participants, ranging in age from 18 to 63 who responded to online announcements. Participants completed a 14-question emailed survey requesting descriptions of their fantasy habits and causes of potential distress regarding fantasy. Results demonstrated that participants shared a number of remarkably specific behaviors and concerns regarding their engagement in extensive periods of highly-structured, immersive imaginative (...) experiences, including the use of kinesthetic activity which accompanies the fantasies of 79% of participants. Participants reported distress stemming from three factors: difficulty in controlling the need or desire to engage in fantasizing; concern that the quantity of fantasizing interfered with actual relationships and endeavors; and intense shame and exhaustive efforts to keep this behavior hidden from others. It is hoped that this report will encourage interest in this elusive syndrome. (shrink)

A familiar jurisprudential view is that a judicial decision functions as a legal precedent by laying down a rule and that the content of this rule is set by officials. Precedents can be followed only by acting in accordance with this rule. This view is mistaken on all counts. A judicial decision functions as a precedent by being an example. At its best, it is an example both for officials and for a target population. Even precedents outside of law function (...) as examples when they have conduct-guiding significance. Examples may be rule-like in their scope, but need not be. Their import is independent of their justification; this point has implications for coherence theories of precedent meaning. The content and scope of a legal decision’s extension is not set exclusively by officials. It is socially set and depends upon social salience. (shrink)

Dieser Band versammelt (in vielen Fällen schwer zugängliche oder gänzlich unveröffentlichte) Vorträge, Aufsätze und Artikel von Manfred Baum zur theoretischen Philosophie Kants und zu ihrer Rezeption. Es handelt sich um historische und systematisch orientierte Studien zur kritischen Philosophie Kants, die die Forschungen von Julius Ebbinghaus und Klaus Reich fortführen.

The American Journal of Bioethics, Volume 12, Issue 2, Page 22-24, February 2012.

Many contemporary philosophers of law agree that a necessary condition for a decision to be legally justified, even in a hard case, is that it coheres with established law. Some, namely Sartorius and Dworkin, have gone beyond that relatively uncontroversial claim and described the role of coherence in legal justification as analogous to its role in moral and scientific justification, on contemporary theories. In this, I argue, they are mistaken. Specifically, coherence in legal justification is sometimes specific to a branch (...) of law, and there is nothing isomorphic to this in the models of moral and scientific justification. Although Dworkin and Sartorius rely on the concept of coherence, they do not explicate it. In the course of examining their views, this essay offers a partial analysis of coherence on their models. Finally, two canons of relevance, governing when global coherence considerations are appropriate to legal justification, are presented. (shrink)

The American Journal of Bioethics, Volume 11, Issue 12, Page 27-29, December 2011.

I defend the claim that posthumous harm is possible against a simple but powerful and appealing argument for the impossibility of harm from posthumous events. I produce a counterargument against one of its assumptions. My conclusion is that the boundaries of welfare-affecting events may extend beyond the existence of the person whose welfare is in question. My case for rejecting the contrary claim avoids an objection to some familiar arguments for posthumous harm and is superior to another argument for posthumous (...) harm. To my knowledge, the case for posthumous harm presented here is a novel one, though it is of the same form as arguments made in 1984 by Feinberg and Parfit. My case for posthumous harm is not complete, for I argue for the satisfaction of what many people regard as only a necessary condition for harm. But I hope to have cleared away one obstacle to the possibility of posthumous harm. (shrink)

ABSTRACT:We focus on the core institution of the capital market and the institutional work of professional service firms that provide ratings on corporate issuers, initially in a bid to maintain this institution, which suffered when those involved relied solely on information from the issuers themselves. Through our analysis we identify a new type of decoupling—complicit decoupling. Complicit decoupling evolves over time, beginning with the creation of a new practice, here corporate ratings as a form of policing work, which emerges to (...) help to maintain a core institution. This practice is then adopted, implemented and later becomes decoupled. Exposure does not undermine the legitimacy of the practice because external actors collude in the ‘window dressing’ and, because it has become normalized, only partial repairs are enacted. It is by nature field-level institutional work, benefiting the majority of the field and inherently involves a violation of promise keeping. We conclude with implications for managers and behavioral ethics researchers. (shrink)

For more than twenty years, introductory logic students have relied on this text to provide clear lessons as well as practical applications of the discipline. Robert Baum emphasises formal logic and utilizes such elements of popular culture as cartoons and advertisements to illustrate technical concepts. Logic, 4/e addresses all the basic concepts, including informal analysis of statements, arguments, Aristotelian logic, propositional logic, quantificational logic, enumerative induction, the scientific method, probability, informal fallacies, definitions, and applied logic. As with previous editions, (...) Logic, 4/e is extremely flexible--most of the chapters can be included or excluded from a particular course depending on the goals of the course and the time available. This fourth edition features hundreds of additional exercises throughout. (shrink)

For more than twenty years, introductory logic students have relied on this text to provide clear lessons as well as practical applications of the discipline. Robert Baum emphasizes formal logic and utilizes such elements of popular culture as cartoons and advertisements to illustrate technical concepts. Logic, 4/e addresses all the basic concepts, including informal analysis of statements, arguments, Aristotelian logic, propositional logic, quantificational logic, enumerative induction, the scientific method, probability, informal fallacies, definitions, and applied logic. As with previous editions, (...) Logic, 4/e is extremely flexible--most of the chapters can be included or excluded from a particular course depending on the goals of the course and the time available. This fourth edition features hundreds of additional exercises throughout. (shrink)

Business Ethics: A European Review, EarlyView.

Older statutes sometimes alter the legal content of newer statutes in a way not apparent from the text of the newer statutes. The puzzle is how, even if a new statute is the choice of the current polis, the legal content created in part by the elderly statute is also the choice of the current polis. I consider several possible answers, including a legislative intent account and Dworkin’s, and argue that none of them is satisfactory. I then offer my own (...) account, the De Re Account, which depends on distinguishing choosing under a description from choosing de re and noting that background norms and conventions sometimes determine what one does. In the case of legislation, because of the pragmatic norms for legal language and conventional practices against which a legislature acts, the legal content of the newer statute is chosen de re. (shrink)

This essay is aimed at those moral philosophers who recognize a certain category of negative moral rights, but refuse to recognize a similar category of positive moral rights. That category consists of moral rights normally held by human beings. Such rights may be called "natural moral rights." -/- My thesis is that if there is a natural negative right not to be killed, then -- contra Thomson, Nozick and others -- there must be at least one natural positive right, which (...) might be called a "right not to be allowed to die.". (shrink)

This essay challenges Dworkin's account of the virtues and consistency of applying the right answer as given by a certain interpretive theory of local law (hereafter, the D-theory) with democratic theory. D-theory adjudication does not have all the virtues Dworkin claims for it. It may involve judicial law-creation as well, rather than being confined to the discovery of preexisting legal rights. It may also involve any of the morally objectionable features of judicial law-creation, including unfairness. It is not immune to (...) the objection based on democratic theory that Dworkin considers. Moreover, discretionary judicial law-creation is free of some of the vices that concern Dworkin. For these reasons, neither Dworkin's view of D-theory adjudication nor his denial that judges commonly have legislative discretion seems to be especially significant for the justification of appellate adjudication. (shrink)

Dworkin’s dignity framework has little explanatory value for one moral topic for which it should be especially suited: paternalistic intervention by one adult with another. The dignity framework has little epistemic value for morality regarding paternalism. Dworkin’s conception of dignity is too inchoate to illuminate why and when individual paternalism is wrong, all things considered. Dignity does somewhat better at illuminating why some types of individual paternalism are pro tanto wrong; but not other types. Moreover, the conception of dignity cannot (...) be refined by the process described above and retain any epistemic value on this matter. One would expect that a very natural -- indeed, a central -- use of the conception of dignity dHedgehogs would be to explain and illuminate moral claims about paternalism. That Dworkin’s conception of dignity largely fails to do so is, therefore, particularly important. (shrink)

The social fact thesis, is, roughly, that law is ultimately a matter of social fact. Mark Greenberg and Kevin Toh have launched transcendental arguments against important or interesting general versions of the social fact thesis. Together, they can be read as posing a dilemma for the thesis. Suppose that many correct assertions of law are normative. Then, according to Toh, the considerations in virtue of which they are correct cannot ultimately be social facts, because the derivation of any normative conclusion (...) requires a normative premise. Suppose that correct assertions of law are not normative. Then, according to Greenberg, they cannot state legal facts in virtue of social facts alone, because the very nature of law requires a particular kind of rational connection between determinants of legal facts and legal facts. Social facts cannot meet this demand; (non-legal) normative facts are needed. In short, Greenberg and Toh together claim that the social fact thesis is consistent with neither the existence nor the normativity of law. This essay meets their challenge. (shrink)

In his “Integrity: Justice in Work Clothes,” Postema assumes the task of showing that integrity is a genuine moral value of political communities, distinct from other values such as justice and fairness. Postema’s conception of integrity borrows much from Dworkin’s, but also differs from it in an important respect. As anyone familiar with Dworkin’s theory would expect, Postema’s idea of integrity is a kind of fidelity in laws (“practical directives”) and policies to principles arising from what Dworkin famously called “past (...) political decisions of the community.” It is fidelity to a conception of justice that fits and unifies these past decisions (and present ones), a conception the community can be viewed as forming. Postema’s innovation is to see integrity as “complex,” incorporating both “respect” for the past and also “regret.” Because of regret, any set of principles fitting the past will have some compromised coherence – indeed, some incoherence. Regret is consistent with preserving some currency for a morally incorrect decision, but limiting its force. The ultimate justification for viewing integrity as a virtue of law, Postema argues, is that it serves justice and fidelity, which he conceives of as other, more fundamental, values – provided, that is, that the principles express a “morally meaningful” conception of justice. Integrity thus understood allegedly binds officials to precedents in common law legal systems. So if Postema can succeed in his argument that integrity is a genuine moral value, he will have provided a moral justification for following precedent, even when the precedent is mistaken. Moreover, it will be a new kind of justification, an “internal justification” – one that provides a good reason for what Postema assumes is the rule of a precedent case. Success in his argument would be an important contribution to legal theory above and beyond the justification of precedent. Success would show that an interpretive conception of the nature of law also provides moral legitimacy to the resulting laws so conceived. Along with a stout defense of an interpretive theory of law – in particular, an integrity theory of law -- which Postema does not attempt, success would be the key to defending the widespread intuition that legal claims are not just formally normative, or normative in some special legal sense, but robustly – and so, morally – normative. Reasons for complying with law, properly understood, and for applying and enforcing it would be shown to transcend the realm of the merely prudential and the contingent. The conclusion of deep engagement with the details of Postema’s rich and intricate argument, unfortunately, reveals that it fails in its objective. Postema does not succeed in establishing that integrity is a distinct moral value of political communities. Moreover, the setting in which it is plausible that past principles morally justify following precedent is so special and (to some extent) ideal that Postema cannot be credited with offering a new justification for following precedent in actual common law systems, in the real world of the common law. (shrink)

A familiar jurisprudential view is that statutes have the content the legislature intended. Scott Soames has challenged this view in one form while giving credence to it in another. The burden of his recent publications on the subject is that while legislative intent in the form of legislative purpose does not determine statutory content, some legislative intentions do. I maintain that Soames inflates the role of legislative intentions and ignores a source of pragmatic information that does the bulk of the (...) work of determining the linguistic content of statutes. (shrink)

In linguistic terms, a quantifier is an item that appears with a noun to specify the number or amount of referents indicated by the noun. In English, various kinds of quantification are lexically differentiated—universal quantification, distributive quantification, and universal-distributive. In Greek, however, quantification is conveyed syntactically using primarily one lexical item, namely πᾶς. In this article, we examine the syntactic patterns of πᾶς as a quantifier from a linguistic point of view with attention to the determination of the noun, the (...) number of the noun and the phrasal word order. We also examine the phenomenon of ‘floating’ quantification in which the quantifier moves to a new position in the noun phrase. Finally, we compare the patterns found in New Testament Greek with those of the quantifier כל in the Hebrew Bible in order to determine the extent and type of Semitic interference with respect to quantification in New Testament Greek grammar.Contribution: The syntactic patterns of πᾶς as a quantifier are identified and the semantic import of each pattern is described. The relationship of πᾶς to the quantifier כל in the Hebrew Bible shows evidence of Semitic interference in New Testament Greek grammar. (shrink)

Inhalt: Laudatio auf Wolfgang JankeVorwortManfred BAUM: Subjekt und Person bei Kant Edith DÜSING: Der Begriff der Angst bei Kierkegaard und Heidegger Margot FLEISCHER: Das ursprüngliche Verhältnis zum Anderen bei Sartre und die unverzichtbare Gegenposition Fichtes Klaus Hammacher: Biographie als Problemgeschichte Marion Heinz: Schönheit als Bedingung der Menschheit: Ästhetik und Anthropologie in Schillers ästhetischen Briefen Klaus Held: Die elementare Funktion des Empfindens. Eine phänomenologische Interpretation von Kants zweitem mathematischen Grundsatz Jochem Hennigfeld: Kunst und Reflexion. Kriterien einer philosophischen Ästhetik Walter HIRSCH: (...) Der Begriff der Transzendenz in der Neuzeit Wolfgang JANKE: Restitution der metaphysischen und transzendentalen Deduktion Hartmut PÄTZOLD: Die Mentalität der ›erschöpften‹ Moderne im Lichte der Geschichtsphilosophie Fichtes Wolfgang H. SCHRADER: Gewissen und RealitätGeorg SIEGMANN: Platonische Liebe. (shrink)

What is introspective know ledge of one’s own intentional states like? This paper aims to make plausible the view that certain cases of self-knowledge, namely the cogito-type ones, are enough like perception to count as cases of quasi-observation. To this end it considers the highly influential arguments developed by Sydney Shoemaker in his recent Royce Lectures. These present the most formidable challenge to the view that certain cases of self-knowledge are quasi-observational and so deserve detailed examination. Shoemaker’s arguments are directed (...) against two models of ordinary perception, the “object perception model” and the “broad perceptual model”. I argue that the core theses that Shoemaker associated with them are either dubious in their own right or applicable to certain cases of self-knowledge. Overall the aim is to show that there is such a variety of patterns in each case that simple analogies or disanalogies are unhelpful. (shrink)

Der Glaube an die Wirkmacht des Wortes ist ein Herzstück protestantischer Theologie, aber nicht nur dieser. Er bildet genauso das Fundament der Hermeneutik Hans-Georg Gadamers. Denn Gadamer wie auch der Protestantismus gehen von der Annahme aus, dass der Mensch nicht Herr über das Wort ist. Die Wirkung des Wortes entzieht sich der menschlichen Kontrolle - und doch ereignet sich das Wort nicht willkürlich: Im Wort tut sich Wahrheit kund. Matthias Baum untersucht die Hermeneutik Gadamers aus christlichtheologischer Perspektive. Er leistet (...) dabei ein Dreifaches: Er sens zeichnet er Gadamers Rezeption theologischer Grundgedanken nach; analysiert zweitens, wie Gadamer diese transformiert und beleuchtet drittens Strukturanalogien zwischen Gadamers Hermeneutik und christlicher Theologie." --Dust Jacket Front Inside Flap. (shrink)

Cet ouvrage est construit autour d'un chapitre (texte original) de Judith Butler sur l'éthique de la non-violence. En réponse se construisent quatre réflexions philosophiques. Mylène Botbol-Baum présente le collectif à partir de sa traduction du texte de Judith Butler, et aborde la question du sujet et de la norme à partir de la lecture butlerienne de Levinas et Arendt, sur la question des limites de la légitimité de la violence pour une éthique de la relationalité. Jean de Munck traite (...) une lecture croisée de Benjamin et Butler sur la violence. Romildo Pineiro et Jose Erraruz off rent une lecture historique et politique du concept de violence et y confrontent l'interprétation de la non violence dans le texte de Butler. Trois textes plus sociologiques suivent sur l'impact de la non-violence, dans une perspective qui vise à " défaire le genre " dans le cadre sociopolitique critique des vulnérabilités, dans le cadre du travail des femmes migrantes (Ghaliya Dejelloul) ou du travail domestique non rémunéré (Anna Safuta), à partir d'une enquête sur la mobilité spatiale des femmes dans les zones pré-urbaines d'Alger ou de Bruxelles, off rant une analyse sur l'hostilité masculine et le rôle du discours religieux dans la légitimation de cette violence. Matthieu de Nanteuil conclut le volume sur la question de la violence et de la sensibilité politique en mettant à jour la théorie de la démocratie radicale chez Judith Butler. Il sera donc question dans ce volume de penser la non-violence à partir d'une approche fondée sur la normalisation des corps, en réintroduisant le sujet de la vie comme interlocuteur critique du sujet de la norme en démocratie. (shrink)