This short essay summarizes an understanding of the trial as a medium in which law is realized or actualized, rather than imposed or enforced. It suggests that we should pay close attention to the actual practices that prevail at trial, its "consciously structured hybrid" of languages and practices, if we want to understand the nature of law.

The American Medical Association enacted its Code of Ethics in 1847, the first such national codification. In this volume, a distinguished group of experts from the fields of medicine, bioethics, and history of medicine reflect on the development of medical ethics in the United States, using historical analyses as a springboard for discussions of the problems of the present, including what the editors call "a sense of moral crisis precipitated by the shift from a system of fee-for-service medicine to a (...) system of fee-for-system medicine, better known as 'managed care.'" The authors begin with a look at how the medical profession began to consider ethical issues in the 1800s and subsequent developments in the 1900s. They then address the sociological, historical, ethical, and legal aspects of the practice of medicine. Later chapters discuss current and future challenges to medical ethics and professional values. Appendixes display various versions of the AMA's Code of Ethics as it has evolved over time. Contributors: George J. Annas, J.D., M.P.H., Arthur Isak Applbaum, Ph.D., Robert B. Baker, Ph.D., Chester R. Burns, M.D., Ph.D., Arthur L. Caplan, Ph.D., Alexander Morgan Capron, J.D., Christine K. Cassel, M.D., Linda L. Emanuel, M.D., Ph.D., Eliot L. Freidson, Ph.D., Albert R. Jonsen, Ph.D., Stephen R. Latham, J.D., Ph.D., Susan E. Lederer, Ph.D., Florencia Luna, Ph.D., Edmund D. Pellegrino, M.D., Charles E. Rosenberg, Ph.D., Mark Siegler, M.D., Rosemary A. Stevens, Ph.D., Robert M. Tenery, Jr., M.D., Robert M. Veatch, Ph.D., John Harley Warner, Ph.D., Paul Root Wolpe, Ph.D. (shrink)

Arthur Hilary Armstrong, 1909-1997Max Beloff, 1913-1999Tom Burns, 1913-2000John Desmond Clark, 1916-2002Arthur Geoffrey Dickens, 1910-2001Edmund Boleslaw Fryde, 1923-1999Ernest Andre Gellner, 1925-1995Ernst Hans Josef Gombrich, 1909-2001Jean Gottmann, 1915-1994Oliver Robert Gurney, 1911-2001Nicholas Geoggrey Lempriere Hammond, 1907-2001^LFrancis Harry Hinsley, 1918-1998^LHenry David Jocelyn, 1933-2000^LHenry Loyn, 1922-2000^LHenry Mathison Pelling, 1920-1997^LMervyn Reddaway Popham, 1927-2000^LJames Cochran Stevenson Runciman, 1903-2000^LJohn Denis Sargan, 1924-1996^LRichard William Southern, 1912-2001^LThomas Bertram Lonsdale Webster 1905-1974^LElizabeth Mary Wilkinson, 1909 2001^LThomas Wilson, 1916-2001^LGeorge David Norman Worswick, 1916-2001^LFrances Amelia Yates, 1899-1981.

Jianjun Mei: Cultural Interaction between China and Central Asia during the Bronze Age Charles Higham: The Origins of the Civilization of Angkor Ralph Hanna: Yorkshire Writers Christopher Ricks: Shakespeare and the Anagram Tony Wrigley: The Quest for the Industrial Revolution Linda Colley: 'This Small Island': Britain, Size and Empire Murray Pittock: Robert Burns and British Poetry Peter Pulzer: Special Paths or Main Roads? Making Sense of German History Wolf Lepenies: Overestimating Culture: A German Problem. Exile and Emigration, The (...) Survival of German Culture Angela Leighton: Elegies of Form in Bishop, Plath, Stevenson Nicholas Stern: Development as a Process of Change: Toward a Dynamic Public Economics Lord Woolf: Human Rights: Have the Public Benefitted? (shrink)

Seven features which in practice seem to differentiate belief systems from knowledge systems are discussed. These are: nonconsensuality, “existence beliefs,” alternative worlds, evaluative components, episodic material, unboundedness, and variable credences. Each of these features gives rise to challenging representation problems. Progress on any of these problems within artificial intelligence would be helpful in the study of knowledge systems as well as belief systems, inasmuch as the distinction between the two types of systems is not absolute.

Our understanding of the sense of taste is largely based on research designed and interpreted in terms of the traditional four tastes: sweet, sour, salty, and bitter, and now a few more. This concept of basic tastes has no rational definition to test, and thus it has not been tested. As a demonstration, a preliminary attempt to test one common but arbitrary psychophysical definition of basic tastes is included in this article; that the basic tastes are unique in being able (...) to account for other tastes. This definition was falsified in that other stimuli do about as well as the basic words and stimuli. To the extent that this finding might show analogies with other studies of receptor, neural, and psychophysical phenomena, the validity of the century-long literature of the science of taste based on a few is called into question. The possible origins, meaning, and influence of this concept are discussed. Tests of the model with control studies are suggested in all areas of taste related to basic tastes. As a stronger alternative to the basic tradition, the advantages of the across-fiber pattern model are discussed; it is based on a rational data-based hypothesis, and has survived attempts at falsification. Such has found broad acceptance in many neural systems. (shrink)

In this book it is argued that this picture of Feyerabend is false.

Contemporary liberal thinkers commonly suppose that there is something in principle unjust about the legal prohibition of putatively victimless crimes. Here Robert P. George defends the traditional justification of morals legislation against criticisms advanced by leading liberal theorists. He argues that such legislation can play a legitimate role in maintaining a moral environment conducive to virtue and inhospitable to at least some forms of vice. Among the liberal critics of morals legislation whose views George considers are Ronald Dworkin, Jeremy (...) Waldron, David A.J. Richards, and Joseph Raz. He also considers the influential modern justification for morals legislation offered by Patrick Devlin as an alternative to the traditional approach. George closes with a sketch of a "pluralistic perfectionist" theory of civil liberties and public morality, showing that it is fully compatible with a defense of morals legislation. Making Men Moral will interest legal scholars and political theorists as well as theologians and philosophers focusing on questions of social justice and political morality. (shrink)

The rational choice assumption that any chosen behavior can be understood as optimizing material self?interest is not borne out by psychological research. Expressive motives, for example, are prominent in the symbols of politics, in social relationships, and in the arts of persuasion. Moreover, instrumentality is a mindset that is learned (perhaps overlearned), and can be situationally manipulated; because it is valued in our society, it provides a privileged vocabulary for justifying behaviors that may have been performed for other reasons, and (...) encourages the illusory belief in the universality of rational choice. (shrink)

"Crease’s brilliantly exploited theatrical analogy places scientific theorizing back into the wider context of experimental inquiry." —Robert C. Scharff Crease attacks the "mystical" account of experimentation embraced by the positivist and Kantian varieties of philosophy of science, according to which experimentation takes a backseat to theory.

This book argues that the primary function of human thinking in language is to make judgments, which are logical-normative connections of concepts. Robert Abele points out that this presupposes cognitive conditions that cannot be accounted for by empirical-linguistic analyses of language content or social conditions alone. Judgments rather assume both reason and a unified subject, and this requires recognition of a Kantian-type of transcendental dimension to them. Judgments are related to perception in that both are syntheses, defined as the (...) unity of representations according to a rule/form. Perceptual syntheses are simultaneously pre-linguistic and proto-rational, and the understanding makes these syntheses conceptually and thus self-consciously explicit. Abele concludes with a transcendental critique of postmodernism and what its deflationary view of ontological categories—such as the unified and reasoning subject—has done to political thinking. He presents an alternative that calls for a return to normativity and a recognition of reason, objectivity, and the universality of principles. (shrink)

This book argues that the last eight years in particular have shown us that our democracy has largely evaporated, leaving behind only an exoskeleton that was once its original vertebrae of ends and principles. It is critical to our form of democracy in the U.S. that citizens become active participants.

Selected by CHOICE as an Outstanding Academic Book for 1995.

Joseph Newhard (2017) argues that a libertarian anarchist society would be at a serious military disadvantage if it extended the nonaggression principle to include potential foreign invaders. He goes so far as to recommend cultivating the ability to launch a nuclear attack on foreign cities. In contrast, I argue that the free society would derive its strength from a total commitment to property rights and the protection of innocent life. Both theory and history suggest that a free society would be (...) capable of defending itself, and indeed that it would probably use other means to avoid military conflict altogether. (shrink)

There is no question, of course, that music is a temporal art. Stravinsky, noting that it is inconceivable apart from the elements of sound and time, classifies it quite simply as "a certain organization in time, a chrononomy."1 His definition stands as part of a long and honored tradition that encompasses such diverse figures as Racine, Lessing, and Schopenhauer. Schopenhauer, putting the case in its strongest terms, remarks that music is "perceived solely in and through time, to the complete exclusion (...) of space," thus making explicit the opposition between time and space and ruling out the latter as a possible area for legitimate musical experience. Yet anyone familiar with the philosophical and theoretical literature dealing with music must be struck by the persistence with which spatial terminology and categories appear. Indeed, it would seem to be impossible to talk about music at all without invoking spatial notions of one kind or another. Thus in discussing even the most elementary aspects of pitch organization—and among the musical elements, only pitch, we should remember, is uniquely musical—one finds it necessary to rely upon such spatially oriented oppositions as "up and down," "high and low," "small and large" , and so on. Space, then, pace Schopenhauer, apparently forms an inseparable part of the musical experience. · 1. Igor Stravinsky, Poetics of Music in the Form of Six Lessons, trans, Arthur Knodel and Ingolf Dahl , p. 28. Robert P. Morgan is active as both a music composer and theorist. A professor of music at the University of Chicago, he is currently composing a concerto for flute, oboe, and string orchestra to be performed at Swarthmore College. His previous contribution to Critical Inquiry, "On the Analysis of Recent Music," appeared in the Autumn 1977 issue. Anthony Gilbert responds to the current essay in "Musical Space: A Composer's View". (shrink)

Research on social influences often distinguishes between social and quality incentives to ascribe meaning to the value that popularity conveys. This study examines the neural correlates of those incentives through which popularity influences preferences. This research reports an functional magnetic resonance imaging experiment and a behavioral task in which respondents evaluated popular products with three focus perspectives; unspecified focus, focus on social aspects, and focus on quality. The results show that value derived with a social focus reflects inferences of approval (...) and reward value, and positively affects preferences. Value derived with a quality focus reflects inferences of quality and negatively affects preferences. This study provides evidence of two distinct inferential routes on both a neurological level, represented by different regions in the brain, and a behavioral level. These results provide the first evidence that a single popularity cue can in different ways influence the value derived from product popularity. (shrink)

J. L. Schellenberg claims that the weakness of evidence for God’s existence is not merely a sign that God is hidden, “it is a revelation that God does not exist.” In Divine Hiddenness: New Essays, Michael J. Murray provides a “soul-making” defense of God’s hiddenness, arguing that if God were not hidden, then some of us would lose what many theists deem a (very) good thing: the ability to develop morally significant characters. In this paper, I argue that Murray’s soul-making (...) defense not only fails to defend God’s hiddenness, it produces (ironically) an argument for the nonexistence of God. (shrink)

J. L. Schellenberg claims that the weakness of evidence for God’s existence is not merely a sign that God is hidden, “it is a revelation that God does not exist.” In Divine Hiddenness : New Essays, Michael J. Murray provides a “soul-making” defense of God’s hiddenness, arguing that if God were not hidden, then some of us would lose what many theists deem a good thing: the ability to develop morally significant characters. In this paper, I argue that Murray’s soul-making (...) defense not only fails to defend God’s hiddenness, it produces an argument for the nonexistence of God. (shrink)

: The purpose of this paper and its sister paper (Farrell and Hooker, b) is to present, evaluate and elaborate a proposed new model for the process of scientific development: self-directed anticipative learning (SDAL). The vehicle for its evaluation is a new analysis of a well-known historical episode: the development of ape-language research. In this first paper we outline five prominent features of SDAL that will need to be realized in applying SDAL to science: 1) interactive exploration of possibility space; (...) 2) self-directedness; 3) localization of success and error; 4) Synergistic increase in learning capacity; and 5) continuity of SDAL process across scientific change. In this paper we examine the first three features of SDAL in relation to the early history of ape-language research. We show that this history is readily explicated as a self-directed, ever-finer, delineation of possibility space that enables the localization of both success and error. Paper II examines the last two features against this history. (shrink)

"Public reason" is one of the central concepts in modern liberal political theory. As articulated by John Rawls, it presents a way to overcome the difficulties created by intractable differences among citizens' religious and moral beliefs by strictly confining the place of such convictions in the public sphere. Identifying this conception as a key point of conflict, this book presents a debate among contemporary natural law and liberal political theorists on the definition and validity of the idea of public reason. (...) Its distinguished contributors examine the consequences of interpreting public reason more broadly as "right reason," according to natural law theory, versus understanding it in the narrower sense in which Rawls intended. They test public reason by examining its implications for current issues, confronting the questions of abortion and slavery and matters relating to citizenship. This energetic exchange advances our understanding of both Rawls's contribution to political philosophy and the lasting relevance of natural law. It provides new insights into crucial issues facing society today as it points to new ways of thinking about political theory and practice. (shrink)

QBism is an interpretation of quantum mechanics that posits quantum probabilities as subjective Bayesian probabilities, whence its name. By avoiding experientially unfulfilled speculations about what exists prior to measurement, QBism seems to make a close encounter with the phenomenological method. What follows is an interview with QBism’s founder and principal champion, the physicist Christopher Fuchs.

This article is a case study that describes the natural and human history of the gaze heuristic. The gaze heuristic is an interception heuristic that utilizes a single input repeatedly as a task is performed. Its architecture, advantages, and limitations are described in detail. A history of the gaze heuristic is then presented. In natural history, the gaze heuristic is the only known technique used by predators to intercept prey. In human history the gaze heuristic was discovered accidentally by Royal (...) Air Force fighter command just prior to World War II. As it was never discovered by the Luftwaffe, the technique conferred a decisive advantage upon the RAF throughout the war. After the end of the war in America, German technology was combined with the British heuristic to create the Sidewinder AIM9 missile, the most successful autonomous weapon ever built. There are no plans to withdraw it or replace its guiding gaze heuristic. The case study demonstrates that the gaze heuristic is a specific heuristic type that takes a single best input at the best time. Its use is an adaptively rational response to specific, rapidly evolving decision environments that has allowed those animals/humans/machines who use it to survive, prosper, and multiply relative to those who do not. (shrink)

The T/t locus was a major focus of study by mouse geneticists during the 20th century. In the 70s, as the study of cell surface antigens controlling transplantation antigens was taking off, several laboratories hypothesized that alleles of this locus would control cell surface antigens important for embryonic development. One such antigen, the embryonal carcinoma F9 antigen was said to be an example. Other antigens were described on sperm and embryos that were said to be controlled by alleles at the (...) T/t complex. These findings were later found to be false. The history of the findings and their refutation is described. (shrink)

One of the oldest inquiries of philosophical and theological thought is addressed to the question who or what "God" is. Negative theology provides a way of answering that question by identifying what God is not. In recent years certain critical trends, such as deconstruction, have resembled features of negative theology in that they cancel the apparent meanings of the written word. Similarly, the Buddhist concept of nothingness has raised questions about the meaning of negation and theism. These trends have caused (...) philosophers and theologians to reconsider negation and theology in new ways, which are explored in this collection. In Negation and Theology a group of distinguished philosophers and theologians take up issues that illuminate the character of negative thinking and seek to make connections both with traditional negative theologies and with current theological and philosophical discussions. One essay, for example, is concerned with the problem of reconciling Paul Tillich's statement that God is being-itself with the Buddhist conception of an ultimate nothingness or with the tradition of negative theology. The format of the book distinguishes it from mere collections of essays. Scharlemann assumes the role of editor, introducer, and interlocutor, questioning the contributors and allowing them to respond. (shrink)

John Preston has claimed that we must understand Paul Feyerabend's later, post-1970, philosophy in terms of a disappointed Popperianism: that Feyerabend became a sceptical, relativistic, literal anarchist because of his perception of the failure of Popper's philosophy. I argue that this claim cannot be supported and trace the development of Feyerabend's philosophy in terms of a commitment to the central Popperian themes of criticism and critical explanatory progress. This commitment led Feyerabend to reject Popper's specific methodology in favour of a (...) pluralistic methodology, but the commitment to the central values of criticism and critical explanatory progress remained . Moreover, methodological pluralism does not imply scepticism, relativism, or literal anarchism. Feyerabend was not a disappointed Popperian, but, in many respects, a die-hard pluralistic Popperian. (shrink)

: The purpose of this paper and its sister paper I (Farrell and Hooker, a) is to present, evaluate and elaborate a proposed new model for the process of scientific development: self-directed anticipative learning. The vehicle for its evaluation is a new analysis of a well-known historical episode: the development of ape language research. Paper I examined the basic features of SDAL in relation to the early history of ape-language research. In this second paper we examine the reconceptualization of ape-language (...) research following what many conceived to be Terrace's refutation of ape-language. We show that the apparent 'revolution' in our understanding of ape linguistic capacities was not based upon 'revolutionary' research different in kind from 'normal' research. The same processes of self-directed interactive exploration of possibility space, that enables a homing-in upon both error and success, is present in all phases of productive science. Moreover, conceiving science as an SDAL process explains how scientists learn how to learn about their research domain. (shrink)