An important contribution of Alan Patten’s Equal Recognition is the conception of neutrality that grounds his defence of minority cultural rights. Built in to his conception of neutrality of treatment is a notion of ‘fairness’ whose effect is to provide an upfront, across the board limitation on the demands cultural minorities may legitimately make on the rest of society. There must be limits on the duty to accommodate, but it obscures more than it illuminates to build this into the content (...) of the right to equal recognition itself. We see more clearly what is at stake in these conflicts by articulating the value of self-determination independently and taking account of necessary limits to its satisfaction as part of a second-stage analysis of what duties may be claimed and against whom. Familiar principles of discrimination law exemplify this alternative model. This presents the interest in self-determination more robustly, while acknowledging that the claims of duty arising out of it are defeasible. The result is a more flexible and nuanced exploration of the complex moral issues involved when fundamental interests clash. (shrink)

A central trend in the development of discrimination law, in every jurisdiction, has been the movement from a requirement of intention to ground a complaint to the recognition as actionable of indirect or adverse effect discrimination. Initially, liability for discrimination was circumscribed very narrowly, requiring a form of intention that was tantamount to malice. The practical consequences of this narrow conception were apparent early on, and those concerned about them have long been agitating, with some success, for a reading or (...) redrafting of anti-discrimination statutes that would yield broader liability. Advocacy in the discrimination law context has tended to swing wildly between two extremes -- from a virtually exclusive focus on the moral blameworthiness of the defendant to an attempt to focus solely on the effects of discrimination on its victims. This article seeks to reexamine the gradual expansion of liability in discrimination law from the perspective of the key conceptual elements of liability in tort law in order to reexamine the normative underpinnings of this area of law. Viewed from a tort perspective, the enlargement of the scope of discrimination law can best be understood as resulting from an implicit expansion of the concept of fault appropriate to this context of human interaction, a change linked to an expanding conception of the human interests that discrimination law protects from infringement. From its beginnings, discrimination law implicitly recognized that deliberately refusing to contract with others out of ill will or prejudice toward an important aspect of identity such as race or sex constituted an affront to human dignity that could not be justified by the value of freedom of contract. The expansion of liability over time reflects an expansion of the concept of human dignity bound up with fair access to important opportunities and due consideration of the needs and interests of differently situated groups in the design of important social institutions. This conception of dignity constructs it as an objective interest that can be affected by implicitly discriminatory behavior as well as by conduct motivated by prejudice, requiring more robust justification than the mere claim to liberty. This approach can explain many of the advances in modern discrimination law without resorting to end-state distributive principles. (shrink)

Nudges have gained popularity as a behavioral change tool that aims to facilitate the selection of the sensible choice option by altering the way choice options are presented. Although nudges are designed to facilitate these choices without interfering with people’s prior preferences, both the relation between individuals’ prior preferences and nudge effectiveness, as well as the notion that nudges ‘facilitate’ decision-making have received little empirical scrutiny. Two studies examine the hypothesis that a social proof nudge is particularly effective when people (...) have no clear prior preference, either because people are indifferent (in a colour-categorization task; Study 1, N = 255) or because people experience a choice conflict (making shopping decisions about meat products; Study 2, N = 97). Both studies employed a social proof nudge to steer participants’ choices. The potential facilitating effect of the nudge was tested using a mouse-tracker paradigm that implicitly assessed experienced uncertainty during decision-making. Results showed that the nudge was effective in steering participants’ decisions; the facilitation effect (i.e., reduced uncertainty regarding the decision) was only observed for conflicting preferences, but not under indifference. A better understanding of when and how nudges can influence individuals’ behavior may help in deciding whether nudges are an appropriate policy tool for changing particular undesirable behavior. (shrink)

Realist evaluation has gained prominence in the field of evaluation in recent years. Its theory-driven approach to explaining how and why programmes work or not makes it attractive to many novices, early career researchers, and organizations implementing various programmes globally and relevant to policymakers and programme implementers. While realist evaluation seeks to be pragmatic, adopting principles and methods that can be used to help focus an evaluation, its deep ontological and epistemological foundations make its application in real-life situations challenging. In (...) this paper, we seek to unpack the key tenets scaffolding the practical application of realist evaluation. Although Pawson and Tilley foreground realist evaluation in applied scientific realism, we argue that an amalgam of scientific and critical realist principles underpins realist evaluation. We unpack these principles and illustrate how they fit into each other to provide a cogent theoretical foundation for realist evaluation. (shrink)

Corporate psychopathy thrives perhaps as the most significant threat to ethical corporate behaviour around the world. We argue that Human Resources Management professionals should formulate strategic solutions metaphorically by balancing what strategic military planners famously call ‘Search and Destroy’ and ‘Hearts and Minds’ counter-terrorist strategy. We argue that these military metaphors offer creative inspiration to help academics and practitioners theorise CP in richer, more reflective and more balanced and complementary ways. An appreciation of both metaphors is likely to favour the (...) use of hybrid strategies comprising SD and HM elements, which may provide the best HRM solutions to CP for the same reasons as the military now considers parallel hybrid solutions optimal for combating terrorist and guerrilla insurgency. (shrink)

Advance care planning allows patients to articulate preferences for their medical treatment, lifestyle, and surrogate decision-makers in order to anticipate and mitigate their potential loss of decision-making capacity. Written advance directives are often emphasized in this regard. While these directives contain important information, there are several barriers to consider: veracity and accuracy of surrogate decision-makers in making choices consistent with the substituted judgement standard, state-to-state variability in regulations, literacy issues, lack of access to legal resources, lack of understanding of medical (...) options, and cultural disparities. Given these issues, it is vital to increase the use of patient and healthcare provider conversations as an advance care planning tool and to increase integration of such discourse into advance care planning policy as adjuncts and complements to written advance directives. This paper reviews current legislation about written advance directives and dissects how documentation of spoken interactions might be integrated and considered. We discuss specific institutional policy changes required to facilitate implementation. Finally, we explore the ethical issues surrounding the increased usage and recognition of clinician–patient conversations in advance care planning. (shrink)

This study aimed to understand the expressions of fear in the journeys of health professionals who worked in the confrontation of coronavirus disease 2019 (COVID‐19), in the city of Manaus, in the Brazilian Western Amazon. This is an exploratory qualitative study that adopts interpretive description as a method to generate informed knowledge responsive to the needs of the practice. We included 56 participants, comprising 23 health managers and 33 health workers (middle and higher level) of different professional categories. The results (...) revealed three circles of experience: (1) knowledge and professional experience in dealing with the disease (unknown–known–experienced); (2) the growing proximity to death and loss (predicted–witnessed–suffered); and (3) the involvement and proximity to whatever affects the individual, their emotions, and personal transformations in the face of the threat (the collective, the neighbor, and oneself). Our results suggest that health professionals who worked during the COVID‐19 pandemic in Manaus experienced insecurity, dread, and fear, illustrating the complexity of developing their activities in the front line of care and management during the different phases of the pandemic. A contribution of the study is precisely that of capturing this complexity, which suggests the impossibility of analyzing fear only in its simple manifestation, or in each circle of experience. (shrink)

This paper is one of the four interrelated action agenda papers resulting from the National Summit on Public Health Legal Preparedness convened in June 2007 by the Centers for Disease Control and Prevention, and multi-disciplinary partners. Each of the action agenda papers deals with one of the four core elements of legal preparedness: laws and legal authorities; competency in using those laws; and coordination of law-based public health actions; and information.This action agenda offers options for consideration by those responsible for (...) or interested in ensuring that public health professionals, their legal counsels, and relevant partners understand the legal framework in which they operate and are competent in applying legal authorities to public health emergency preparedness.Competencies are critical to an individual's ability to make effective legal response to all-hazards public emergencies. (shrink)

This paper is one of the four interrelated action agenda papers resulting from the National Summit on Public Health Legal Preparedness convened in June 2007 by the Centers for Disease Control and Prevention, and multi-disciplinary partners. Each of the action agenda papers deals with one of the four core elements of legal preparedness: laws and legal authorities; competency in using those laws; and coordination of law-based public health actions; and information.This action agenda offers options for consideration by those responsible for (...) or interested in ensuring that public health professionals, their legal counsels, and relevant partners understand the legal framework in which they operate and are competent in applying legal authorities to public health emergency preparedness.Competencies are critical to an individual's ability to make effective legal response to all-hazards public emergencies. (shrink)

A collection of personal narratives and essays, Living Professionalism is designed to help medical students and residents understand and internalize various aspects of professionalism. These essays are meant for personal reflection and above all, for thoughtful discussion with mentors, with peers, with others throughout the health care provider community who care about acting professionally.

The true story of ten tough and tattooed bikers who rescue animals in danger Using their combined 1700 pounds of muscle, Joe, Johnny O, Batso, Big Ant, G, Angel, Eric, Des, Bruce and Robert stop at nothing within the bounds of the law to save animals, be they furred, feathered, or scaled, from life-or-death situations throughout the New York City metropolitan area. Working from tips from concerned neighbors and anonymous sources, they have rescued countless animals, including a dognapped bulldog and (...) 180 cats from the home of a hoarder. In between rescues, they've protested the barbaric practices of a horse slaughterhouse, visited schools to educate children about animal kindness and that "abusers are losers," and participated in Puppy Mill Awareness Day in Lancaster, Pennsylvania. Former Newsday writer Denise Flaim chronicles their adventurous tales, detailing just what these brawny bikers, who will stop at nothing within the bounds of the law, can teach us all about respecting the creatures in our midst. (shrink)

A survey was conducted of the perceived correlates of illegal abuses in the electronics industry. Human resource directors of thirty-one firms responded to a questionnaire which assessed their perceptions of the degree to which illegal behavior was caused by (1) deficiencies in the moral character of employees (2) the clarity of expectations and standards describing illegal behavior and (3) the presence of reinforcements and punishments contingent on these behaviors. All three variables were related to the frequency of abuses in three (...) areas of organizational crime (e.g. administrative, labor, environment) and three areas of personal crime (theft, falsifying records kickbacks) as reported by the directors and/or indicated by archival records. The implications of these findings are discussed in terms of how organizations may reduce illegal activity. (shrink)

MIRÓ M, GASTALDO D, NELSON S and GALLEGO G. Nursing Inquiry 2012; 19: 270–280 Spanish nursing under Franco: reinvention, modernization and repression (1956–1976)This article examines Spanish nursing during a critical 20‐year period (1956–76) when, under the dictatorial government of General Franco, nursing became the target of a modernization strategy. In the national standardized system of state‐run schools, the previously distinct nursing and midwifery programmes were merged into a new training programme which created the single professional denomination of ATS–Ayudante Técnico Sanitario (...) (Technical Sanitary Assistant). Under the leadership of medicine, and with the blessing of the Catholic Church and the Sección Femenina (Women’s Section of the Falangist Party), nursing was positioned as feminized and subordinate to medicine, a predominantly male profession in mid‐twentieth century Spain. This article discusses this crucial phase of Spanish nursing history by focusing on one influential historical document (published in 1956), Professional Moral Orientation for the Sanitary Technical Assistants, a nursing textbook on professional morals for first‐year nursing students written by Rosamaria Miranda, a Catholic nun and a trained nurse. Our analysis reveals that gender‐related and technical discourses concerning disciplinary and pastoral power relations presented in this textbook legitimate the core beliefs of Franquism put forward by the politically powerful women’s branch of the ruling Falangist Party in mid‐twentieth century Spain. (shrink)

Despite the promise of new gene editing technologies (GETs) (e.g., CRISPR) in accelerating sustainable agri-food production, the social acceptability of these technologies remains unclear. Prior literature has primarily addressed the regulatory and economic issues impacting GETs ongoing acceptability, while little work has examined socio-cultural impacts despite evolving food policies and product commercialisation demanding input from various actors in the food system. Our systematic review across four databases addresses this gap by synthesising recent research on food system actors’ perspectives to identify (...) the key socio-cultural factors influencing GET acceptability. This review extends prior literature by including views from a more diverse range of actors (e.g., farmers and NGOs) and provides a better understanding of their perceived social benefits and concerns. We find food system actors perceive positive and negative impacts of using GETs in agriculture. These perspectives are often entangled in broader debates regarding sustainability and food systems issues (e.g., social justice). We discuss practical recommendations for policymakers, agri-food industry managers, and scientists to better align gene edited foods (GEFs) with food system actors’ values. GEF policy, development, and commercialisation must reflect social values such as collective wellbeing and transparency to improve actors’ acceptability. More research is required among marginalised food actors such as Indigenous and smallholder farmers. (shrink)

This article explores children’s narrative identity formation and the impact of adult–child relationships on shaping a child’s narrative. The formation of identity in all children is vulnerable to a culture of ‘adultism’, wherein the authority wielded by adults can potentially subject children to abuse and neglect. Consequently, adultism has the aptitude to hinder the constructive development of a life-affirming identity in children. The primary objective of this article is to develop a childist narrative theology of praxis methodology, aimed at raising (...) consciousness and educating adults on both life-denying and life-giving ways of engaging in the process of children’s narrative identity formation.To achieve this goal, the methodology is developed by adapting Denise Ackermann’s ‘feminist theology of praxis’ to focus specifically on children. The application of feminist theory principles is deemed relevant to the social standing of children as it aligns with the broader goal of liberating oppressed groups, whether women or children. Additionally, John Wall’s work is employed to elucidate the terms ‘childist’ and ‘childism’ as interpretive frameworks. Positioned within the scientific domain of Practical Theology, this study seeks to transform conditions that impede human flourishing into opportunities for positive change.The research objectives determine that a literature review will be suitable to gather essential information for the formulation of a childist narrative theology of praxis. This review, characterised as explorative and descriptive, is conducted within the field of Practical Theology.Contribution: The significance of this study is underscored by its exploration and description of the pastoral functions of consciousness, awareness-raising, and education concerning adult–child relations. By scrutinising these pastoral functions, the emphasis is placed on the proactive, preventive, and universal aspects of pastoral care in the context of children, thereby contributing valuable insights to the discourse. (shrink)

Clarice Lispector has been studied thoroughly against the backdrop of Western ontology and feminism, but she has not often been read in relation to postcolonial theory and Black studies. Yet, their critique of coloniality and the radicality with which they conceive of a different world, can provide a fitting frame for understanding what is at stake in Lispector’s thought. When put in dialogue with the work of Édouard Glissant and Denise Ferreira da Silva, Lispector makes a key contribution to (...) the reconfiguration of the relation between the subject and the world that can be understood as an attempt to, echoing Sylvia Wynter, “unsettle the coloniality of being.” Where Glissant effectuates “creolization” and Silva a “hacking” of the subject, Lispector attempts to transgress our colonial relation to the world through a reconfiguration of fertility. In our study of The Passion According to G.H., supported by fragments from the Chronicles, we show: (1) how the passion of G.H., is the passion of a specifically colonial subject; (2) how fertility is an essential link between subjectivity and coloniality, ensuring an atavistic chain of filiation and hence the continuation of a colonially dominated world; and (3) how Lispector reconfigures fertility as a possibility of being deeply affected by the world, so much so that the colonial subject perishes and the chain of filiation is disrupted. As a consequence, we argue that Lispector’s project must not primarily be understood as ontological or in search of pre-discursivity, but as concerned with the revolutionary question of dismantling the colonial subject and its world in order to open up a potential of life otherwise. (shrink)

H G WellsHerbert George Wells, an English writer, was born on 21st 1866 and died on 13 Aug 1946. He was renowned for his works of science fiction especially 'The Time Machine'. He is also referred as 'The Father of Science Fiction'.

This essay inquires whether digitally transformed work can be virtuous and under what conditions. It eschews technological determinism in both utopian and dystopian versions, opting for the premise of free human agency. This work is distinctive in adopting an actor-centric and explicitly ethical analysis based on neo-Aristotelian, Catholic social teaching (CST), and MacIntyrean teachings on the virtues. Beginning with an analysis of digital disruption, it identifies the most salient human advantages vis-à-vis technology in digitally transformed work and provides philosophical anthropological (...) explanations for each. It also looks into external, organizational characteristics on both the macro and the micro levels of digitally transformed work, underscoring their ambivalence (efficiency and profits vs. exclusion and exploitation, flexibility and freedom vs. standardization and dependency) and the need to mitigate their polarizing effects for the sake of shared flourishing. The article presents standards for virtuous work according to neo-Aristotelian, CST, and MacIntyrean frames and applies them to digitally transformed work, giving rise to five fundamental principles. These basic guidelines indicate, on one hand, actions to be avoided and, on the other, actions to be pursued, together with their rationales. (shrink)

Using a religious studies methodology, this paper offers a detailed contextual mapping and a structural configuration of how collective violence is justified in Orthodox Christianity. The research design is explanatory, whereby the functional perspectives of doctrine, ethics and worship are all investigated and probed as phenomena of lived religion and orthopraxy. While predominantly initiatory and pedagogical, the paper also proposes a systematic platform for advanced research on this subject, by flagging contexts, themes and areas of inquiry that a researcher might (...) examine in order to untangle the inner workings of the justification of violence in the mind of the Orthodox. Given the ongoing Russian War on Ukraine, relevant samples are drawn from this case.Contribution: This paper outlines the Orthodox Christian justification of violence from the perspectives of doctrine, ethics and ritual and identifies pivotal areas of ambiguity between orthodoxy and orthopraxy. (shrink)

The human genome project's lasting legacies are the emerging insights into human physiology and disease, and the ascendance of biology as the dominant science of the 21st century. Sequencing revealed that >90% of the human genome is not coding for proteins, as originally thought, but rather is overwhelmingly transcribed into non‐protein coding, or non‐coding, RNAs (ncRNAs). This discovery initially led to the hypothesis that most genomic DNA is “junk”, a term still championed by some geneticists and evolutionary biologists. In contrast, (...) molecular biologists and biochemists studying the vast number of transcripts produced from most of this genome “junk” often surmise that these ncRNAs have biological significance. What gives? This essay contrasts the two opposing, extant viewpoints, aiming to explain their bases, which arise from distinct reference frames of the underlying scientific disciplines. Finally, it aims to reconcile these divergent mindsets in hopes of stimulating synergy between scientific fields. (shrink)

Este artigo visa apresentar uma taxonomia original dos argumentos mais difundidos contra o Princípio de Identidade dos Indiscerníveis ao longo da história da Filosofia, mas focando em versões defendidas no século XX e XXI; bem como uma taxonomia das respostas mais efetivas para esses argumentos usados no início do século XXI com uma breve avaliação sobre quais são as mais efetivas para cada argumento de ataque. O leitor também encontrará uma bibliografia atualizada sobre os debates envolvendo esses argumentos e contra-argumentos (...) nas seções correspondentes. Palavras-chave: identidade; indiscernibilidade; Princípio de Identidade dos Indiscerníveis; concebilidade. (shrink)

To incorporate medical ethics into clinical practice, it must first be understood and valued by health care professionals. The recognition of this principle led to an expanding and continuing educational effort by the ethics committee of the Vancouver General Hospital. This paper reviews this venture, including some pitfalls and failures, as well as successes. Although we began with consultants, it quickly became apparent that education in medical ethics must reach all health care professionals—and medical students as well. Our greatest successes (...) came in the formative years of a medical career (ie, in medical school and residency training programmes), but other efforts were not wasted, particularly among nurses and other health care professionals.Although this is a personal review of the experience in one institution, the lessons learnt in Vancouver are applicable to the further development of medical ethics in the UK. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:SOME DOGMATIC CONSEQUENCES OF PAUL F. KNITTER'S UNITARIAN THEOCENTRISM PAUL D. MOLNAR St. John's University Jamaica, New York EACTIONS TO Paul Knitter's No Other Nanie? vary from criticizing his "unitarian theocentrism" 1 and his sliding away from "creedal Chrisitology" 2 to unequivocail endorsement of his" less Christocentric approach to a theo1ogy of religions;" 3 this shows the challenge Knitter poses to current dogmatics. This 1arHcile w1ll explore three critical (...) dogmatic issues related to Knitter's non-normative ChristoJogy. First, can the idea that Jesus is one savior among others be defonded froni within the Christian-Catholic 1tradition without yie1ding the truth of Christology? Second, if "Jesus remains universailly normativ ;e " for Christians while " other revelations or rev;ea:lers might also be universaUy normative," then does this not p:vomote some form of docetic Christology and lead to a unitarianism, exduded by the naiture of the God revealed in Christ? Third, on the basis of " l'eligious experience " Knitter olaims to perceive an" evolution from ecolesiocentrism to chrfatocentrism to theocentrism" and finally to "soteriooentrism." 4 Is there 1!1ea1ly such an evolution? And if there is noit, oan those who de- ~end the tradition succeed by arguing from experience and praxis rather than from revelation and faith? 5 Moreover, if 1"Review Symposium: Paul Knitter's No Other Name?: A Critical Survey of OMistian Attitudes toward the World Religions," in Horizons 13 (1986): 116-135. This is the view of Daniel Sheridan, p. llS. 2 This is the view of Denise Carmody. Ibid., p. 122. s This is the view of William Cenkner. Ibid., p. 127. 4 Ibid., pp. 133-34. 5 Denise Carmody, e.g., believes that we should stress praxis more than 449 450 PAUL D. MOLNAR we think the tradition should not be defended, have we not ceased to think about theological truth? Rather, have we not made divinity itself indis:tingiuishab1e from our human experiences and praxis at the outset? And does this not open the door to both polytheism allJd pantheism? By making God hut noit Christ normative, Knitter's " nonnormati ¥e" Christology re-1transiates the truth of Jesus' oonsubstantiality with the Father into the content of a myth, an experienice or a vailue judgment having no re1ality in itseH.6 It then defines :reveiLation and salvation.aocording to a unitarian view of God. While Knitter denies this,7 his reasoning aictuaUy is unitarian: In my proposed model, Jesus remains universally normative, but I am asking whether Christians can recognize that other revelations or revealers might also be universally normative. Could there be a complementary uniqueness among the religious traditions of the world? To try to answer that question, 'intellectual conversion;... is a requisite. But it will have to be an intellectual conversion that walks more than' the way to Nicea and Chalcedon'... only on the basis of the praxis of authentic dialogue-grounded in intellectual, moral, and religious conversion-can we know the unique~ ness of Christ.8 doctrine without relativizing Christ. Thus, for her, Rahner's Christology does not mean " that Christians cannot be open to the Buddha or Lord Krishna," Ibid., p. 126. The problem is that this very thinking already relativizes Christ. 6 Even theologians who do not intend the radical views of John Hick run a similar risk by beginning Christology from below in the manner of Paul Knitter. Cf., e.g., Edward L. Krasevac, O.P., "' Christology From Above' And 'Christology From Below '," The Thomist, 51 (1987) : 299-306, arguing that "Christological faith is an apostolic faith that has its origins in a historical process which began with the public ministry of our Lord...." (p. 300) causes us to ask what makes Christology true? Is it "the actual apostolic process " (306) or is it Jesus as the Lord who is and remains the sole foundation and validation for faith in any age? Does this approach not leave the door open to the kind of evolution which Knitter claims to have discovered in Christianity, which then enables him to move beyond Jesus as the only Lord and Savior? 1 Review Symposium, Horizons, p. 131. s Ibid., p. 133. KNITTER'S UNITARIAN THEOCENTRISM 451 Here the ha:.sis... (shrink)

An analysis of the sources of Wittgenstein’s picture theory — which include not only his moment of insight on reading a magazine story about the use of models in a traffic court, but also the work of Russell, Hertz, and Boltzmann — provides the basis for an exploration of Wittgenstein’s articulation of a pictorial conception of representation in his wartime notebooks and its crystallization in the Tractatus. A discussion of Wittgenstein’s later criticism of the picture theory and his notion of (...) a “philosophical picture” illustrates the fundamental reversal in his transition to his later conception of philosophy: instead of taking literal pictures as a guide to the nature of meaning, he came to regard philosophical theories as akin to expressing an aesthetic preference for a certain style of representation. Wittgenstein’s treatment of factual language in the picture theory is related to his Tractarian approach to logical form, and the role of the show/say distinction in his early conception of logic and language. Particular attention is given to the difficulties generated by the idea that the conditions for the possibility of a given domain of discourse cannot be described in language, but must be shown by the form of words in question. (shrink)

This chapter argues that the ontology of the Tractatus is best understood as the consequence of Wittgenstein’s conception of logic and representation in general, and the postulate of the determinacy of sense in particular. Once it is recognized that Wittgenstein arrived at the idea of simple objects based on an abstract argument about the nature of complexes and analysis without providing any specific examples of such analyses, it is easy to see the need for caution in attributing any characteristics to (...) the objects over and above those demanded by Wittgenstein’s logicolinguistic commitments. Commentators have taken the Tractatus to be setting out a bewildering variety of highly specific views about the nature of objects. But the truth is that the book is so programmatic that its ontology can be elaborated in any number of ways. The final section of this chapter analyzes Wittgenstein’s treatment of the self in the Tractatus and his writing from the 1930s as a central example of the extreme tensions between the positivisistic doctrines stated in the Tractatus and the antipositivistic subtext it aims to convey or “show”: if the exoteric doctrine of the Tractatus is that there is no such thing as the subject of experience, the esoteric doctrine is that there is. This leads to a close reading of his proposal in the early 1930s that is considered a “subjectless” language as a way of clarifying the nature of experience, and his subsequent critique of the notions of the “metaphysical self” and the “visual world”. He had transmuted the difference between the first person and third person modes of speech into differences between two worlds and then had tried to put them back together again. (shrink)

For more than a century, law schools have trained students to 'think like a lawyer'. In these times of legal crisis, both in legal education and in global society, what does that mean for the rest of us? In this book, thirty leading international scholars - including Louis Assier-Andrieu, Marianne Constable, Yves Dezalay, Denise Ferreira da Silva, Bryant G. Garth, Peter Goodrich, Duncan Kennedy, Martti Koskenniemi, Shaun McVeigh, Samuel Moyn, Annelise Riles, Charles F. Sabel and William H. Simon - (...) examine what is distinctive about legal thought. They probe the relation between law and time, law and culture, and legal thought and legal action; the nature of current legal thought; the geography of legal thought; and the conditions for recognition of a new 'contemporary' style of law. This work will help theorists, social scientists, historians and students understand the intellectual context of legal problems, legal doctrine, and jurisprudential trends in the current conjuncture. (shrink)

How can we take history seriously as real and relevant? Despite the hazards of politically dangerous or misleading accounts of the past, we live our lives in a great network of cooperation with other actors; past, present, and future. We study and reflect on the past as a way of exercising a responsibility for shared action. In each of the chapters of Full History Smith poses a key question about history as a concern for conscious participants in the sharing of (...) action, starting with “What Is Historical Meaningfulness?” and ending with “How Can History Have an Aim?” Constructing new models of historical meaning while engaging critically with perspectives offered by Ranke, Dilthey, Rickert, Heidegger, Eliade, Sartre, Foucault, and Arendt, Smith develops a philosophical account of thinking about history that moves beyond postmodernist skepticism. Full History seeks to expand the cast of significant actors, establishing an inclusive version of the historical that recognizes large-scale cumulative actions but also encourages critical revision and expansion of any paradigm of shared action. (shrink)