The essay is an attempt to examine aspects of legal interpretation from an external, sociological point of view. “Interpretation”, in its normal juristic sense, is primarily a process in which decision‐makers with secondary legitimacy link their decisions to authority of primary legitimacy. The type of legitimacy which is dominant within the legal system greatly influences the style of interpretation ‐ in “closed” systems, where the stock of premises is fixed, “legalism” will abound. Legal interpretation is not concerned with what a (...) text really means, in any literal sense; and standards for judging legal interpretation are different from the standards of judging other forms of communication, for example, literature. Indeed, a judge can be considered great precisely because of his creative acts of misinterpretation. (shrink)

Erich Fromm was a political activist, psychologist, psychoanalyst, philosopher, and one of the most important intellectuals of the twentieth century. Known for his theories of personality and political insight, Fromm dissected the sadomasochistic appeal of brutal dictators while also eloquently championing love--which, he insisted, was nothing if it did not involve joyful contact with others and humanity at large. Admired all over the world, Fromm continues to inspire with his message of universal brotherhood and quest for lasting peace. The first (...) systematic study of Fromm's influences and achievements, this biography revisits the thinker's most important works, especially _Escape from Freedom_ and _The Art of Loving_, which conveyed important and complex ideas to millions of readers. The volume recounts Fromm's political activism as a founder and major funder of Amnesty International, the National Committee for a Sane Nuclear Policy, and other peace groups. Consulting rare archival materials across the globe, Lawrence J. Friedman reveals Fromm's support for anti-Stalinist democratic movements in Central and Eastern Europe and his efforts to revitalize American democracy. For the first time, readers learn about Fromm's direct contact with high officials in the American government on matters of war and peace while accessing a deeper understanding of his conceptual differences with Freud, his rapport with Neo-Freudians like Karen Horney and Harry Stack Sullivan, and his association with innovative artists, public intellectuals, and world leaders. Friedman elucidates Fromm's key intellectual contributions, especially his innovative concept of "social character," in which social institutions and practices shape the inner psyche, and he clarifies Fromm's conception of love as an acquired skill. Taking full stock of the thinker's historical and global accomplishments, Friedman portrays a man of immense authenticity and spirituality who made life in the twentieth century more humane than it might have been. (shrink)

I propose that primary conscious awareness arises from synchronized activity in dendrites of neurons in dorsal thalamic nuclei, mediated particularly by inhibitory interactions with thalamic reticular neurons. In support, I offer four evidential pillars: consciousness is restricted to the results of cortical computations; thalamus is the common locus of action of brain injury in vegetative state and of general anesthetics; the anatomy and physiology of the thalamus imply a central role in consciousness; neural synchronization is a neural correlate of consciousness.

Erich Fromm was a political activist, psychologist, psychoanalyst, philosopher, and one of the most important intellectuals of the twentieth century. Known for his theories of personality and political insight, Fromm dissected the sadomasochistic appeal of brutal dictators while also eloquently championing love--which, he insisted, was nothing if it did not involve joyful contact with others and humanity at large. Admired all over the world, Fromm continues to inspire with his message of universal brotherhood and quest for lasting peace. The first (...) systematic study of Fromm's influences and achievements, this biography revisits the thinker's most important works, especially _Escape from Freedom_ and _The Art of Loving_, which conveyed important and complex ideas to millions of readers. The volume recounts Fromm's political activism as a founder and major funder of Amnesty International, the National Committee for a Sane Nuclear Policy, and other peace groups. Consulting rare archival materials across the globe, Lawrence J. Friedman reveals Fromm's support for anti-Stalinist democratic movements in Central and Eastern Europe and his efforts to revitalize American democracy. For the first time, readers learn about Fromm's direct contact with high officials in the American government on matters of war and peace while accessing a deeper understanding of his conceptual differences with Freud, his rapport with Neo-Freudians like Karen Horney and Harry Stack Sullivan, and his association with innovative artists, public intellectuals, and world leaders. Friedman elucidates Fromm's key intellectual contributions, especially his innovative concept of "social character," in which social institutions and practices shape the inner psyche, and he clarifies Fromm's conception of love as an acquired skill. Taking full stock of the thinker's historical and global accomplishments, Friedman portrays a man of immense authenticity and spirituality who made life in the twentieth century more humane than it might have been. (shrink)

Loose, unconnected, free-floating, mobile: this is the modern individual, at least in comparison with the immediate past.

ETHICS: A PLURALISTIC APPROACH TO MORAL THEORY, FIFTH EDITION provides a comprehensive yet clear introduction to the main traditions in ethical thought, including virtue ethics, utilitarianism, and deontology. Additionally, the book presents a conceptual framework of ethical pluralism to help students understand the relationship among various theories. Lawrence Hinman, one of today's most respected and accomplished educators in ethics and philosophy education, presents a text that gives students plentiful opportunities to explore ethical theory and their own responses to them, (...) using fascinating features such as the Ethical Inventory sections that appear at the beginning and the end of the text. End-of-chapter discussion questions, and the use of current issues and movies help students retain what they've learned and truly comprehend the subject matter. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version. (shrink)

Wikipedia has challenged traditional notions about the roles of experts in the Internet Age. Section 1 sets up a paradox. Wikipedia is a striking popular success, and yet its success can be attributed to the fact that it is wide open and bottom-up. How can such a successful knowledge project disdain expertise? Section 2 discusses the thesis that if Wikipedia could be shown by an excellent survey of experts to be fantastically reliable, then experts would not need to be granted (...) positions of special authority. But, among other problems, this thesis is self-stultifying. Section 3 explores a couple ways in which egalitarian online communities might challenge the occupational roles or the epistemic leadership roles of experts. There is little support for the notion that the distinctive occupations that require expertise are being undermined. It is also implausible that Wikipedia and its like might take over the epistemic leadership roles of experts. Section 4 argues that a main reason that Wikipedia’s articles are as good as they are is that they are edited by knowledgeable people to whom deference is paid, although voluntarily. But some Wikipedia articles suffer because so many aggressive people drive off people more knowledgeable than they are; so there is no reason to think that Wikipedia’s articles will continually improve. Moreover, Wikipedia’s commitment to anonymity further drives off good contributors. Generally, some decisionmaking role for experts is not just consistent with online knowledge communities being open and bottom-up, it is recommended as well. (shrink)

Although Mr. Schrader states that "it is beyond the scope of [his] paper to examine Kant's argument in the Analytic that our empirical knowledge rests upon a priori knowledge of space and time," he does offer a hint as to how he would go about this: "[Kant] seeks to show that the categories are necessary in order to cognize events in one space and one time, and that all empirical judgments rest upon the assumption that space and time are unitary." (...) This is undeniably the foundation of Kant's theory of time. It shows, however, a bias for the special manner of the objective deduction, where emphasis falls on the unity of consciousness as the basic premiss, instead of on the conditions of representations in general, which is how the basic premiss is stated in the subjective deduction in the first edition. The two are equivalent, as Kant insists, but the formulation in the subjective deduction wears a bolder, more radical countenance, since it stresses what is less explicit in the objective deduction, that all the Analytic is derived from nothing more than the nature of a representation. For most purposes the two transcendental deductions are interchangeable, but for the theory of time we turn most profitably to that deduction which dwells more meticulously on the earliest stages, and elaborates the most primitive steps of the deduction of the categories. Accordingly we will now examine the subjective deduction in the first edition. (shrink)

Part of the ambiguity lies in the various points of view from which this question might be considered. The crudest di erence lies between the point of view of the working mathematician and that of the logician concerned with the foundations of mathematics. Now some of my fellow mathematical logicians might protest this distinction, since they consider themselves to be just more of those \working mathematicians". Certainly, modern logic has established itself as a very respectable branch of mathematics, and there (...) are quite a few highly technical journals in logic, such as The Journal of Sym-. (shrink)

This paper addresses the knowledge required for individuals to evaluate Information and Communications Technologies decisions that relate to the organization and management of cyberspace, and to hold accountable the parties responsible for those decisions, whether the responsible party is a government actor, market actor or private individual. The authors argue that the Open Systems Interconnection model, with certain modifications, should serve as a primary educational tool in helping individuals to gain the understanding of ICT necessary to protect public interests related (...) to cyberspace. (shrink)

Corpus linguistics is becoming a respected method of statutory and constitutional interpretation in the United States over the past decade, yet it has also generated a backlash from a group of scholars that engage in empirical work. This essay attempts to demonstrate both the contributions and the risks of using linguistic corpora as a primary tool in legal interpretation. Its legitimacy stems from the fact that courts routinely state that statutory terms, when not defined as a matter of law, are (...) to be given their ordinary meaning. Judges have responded to this challenge, with the assistance of the linguistics community, by using corpora to determine which meanings are ordinary. However, legal analysts have not determined exactly what makes one meaning ordinary and another not ordinary. This gap has led to a level of disagreement in the field. Moreover, while linguists who engage in corpus linguistic analysis typically emphasize the importance of context, the legal application is peculiarly context-free, in keeping with legal philosophies that eschew reliance on reference to a law’s purpose and the intent of the legislature that enacted it. This move adds a political dimension to corpus analysis as a means of legal interpretation. Yet, the article concludes that by relying on a blend of general and specialized corpora, the legal system can substantially reduce the problem of contextualization, as some linguists and practitioners have already recognized. (shrink)

BackgroundEthics consult services are well established, but often remain underutilized. Our aim was to identify the barriers and perceptions of the Ethics consult service for physicians, advance practice providers (APPs), and nurses at our urban academic medical center which might contribute to underutilization.MethodsThis was a cross-sectional single-health system, anonymous written online survey, which was developed by the UCSD Health Clinical Ethics Committee and distributed by Survey Monkey. We compare responses between physicians, APPs, and nurses using standard parametric and non-parametric statistical (...) methods. Satisfaction with ethics consult and likelihood of calling Ethics service again were assessed using a 0–100 scale using a 5-likert response structured (0 being “not helpful at all” to 100 being “extremely helpful”) and results presented using box plots and interquartile ranges (IQR).ResultsFrom January to July 2019, approximately 3800 surveys were sent to all physicians, APPs and nurses with a return rate of 5.5—10%. Although the majority of respondents had encountered an ethical dilemma (85–92.1%) only approximately half had ever requested an Ethics consult. The primary reason for physicians never having requested a consult was that they never felt the need for help (41%). For APPs the primary reasons were not knowing an Ethics consult service was available (33.3%) or not knowing how to contact Ethics (27.8%). For nurses, it was not knowing how to contact the Ethics consult service (30.8%) or not feeling the need for help (26.2%). The median satisfaction score (IQR) for Ethics consult services rated on a 0–100 scale, from physicians was 76 (29), for AAPs 89 (49), and nurses 70 (40) (p = 0.62). The median (IQR) of likelihood of consulting Ethics in the future also on a 0–100 scale was 71 (47) for physicians, 69 (45) for APPs, and 61 (45) for nurses (p = 0.79). APP’s and nurses were significantly more likely than physicians to believe that the team did not act on the Ethics consult’s recommendations.ConclusionsBased on the results presented, we were able to identify actionable steps to better engage healthcare providers—and in particular APPs and nurses—and scale up institutional educational efforts to increase awareness of the role of the Ethics consult service at our institution. Actionable steps included implementing a system of ongoing feedback that is critical for the sustainability of the Ethics service role. We hope this project can serve as a blueprint for other hospital-based Ethics consult services to improve the quality of their programs. (shrink)

An award-winning theoretical physicist and best-selling author of A Universe from Nothing traces the dramatic discovery of the counterintuitive world of reality, explaining how readers can shift their perspectives to gain greater understandings of our individual roles in the universe.

T. H. Marshall, a British sociologist, gave a series of lectures in 1949 under the title “Citizenship and Social Class.” To many American intellectuals, his analysis still offers a persuasive account of the origins of the welfare state in the West. But Marshall spoke in the early postwar era, when the case for expanded social benefits seemed unassailable. Today's politics are more conservative. In every Western country the welfare state is under review. Yet Marshall's conception can still help define the (...) issues in social policy and the way forward. (shrink)

Rarely has a philosopher demanded such a purity of moral motives. Even when he discusses those “many spirits of so sympathetic a temper that, without any further motive of vanity or self-interest, they find an inner pleasure in spreading happiness around them and can take delight in the contentment of others as their own work,” Kant maintains that, “in such a case an action of this kind, however right and however amiable it may be, still has no genuinely moral worth.” (...) Because the action is done from inclination rather than duty, it cannot qualify as a morally good action in Kant’s eyes. Indeed, this seems to suggest that from a moral point of view the person who is naturally unsympathetic to others almost has an advantage, at least in terms of the opportunity for moral action, over those who are naturally inclined to altruistic acts. Kant hardly seems to shrink from such a conclusion. His own words best convey his position here. (shrink)

Shepard proposes that the human mind relies on screw displacement because of its adaptive simplicity and uniqueness. I discuss this hypothesis by assessing screw displacement with respect to (1) other plausible spatial transformations, (2) a variety of criteria for adaptive efficiency and utility, and (3) a variety of psychological conditions in which observed responses discriminate amongst alternative spatial procedures. [Shepard].

Search engines play an increasingly pivotal role in the distribution and eventual construction of knowledge, yet they are largely unnoticed, their procedures are opaque, and they are almost completely devoid of independent oversight. In this paper the author examines three areas in which we encounter difficult and persistent ethical issues in search engine technology: The problem of algorithm and the lack of transparency of the search process, the problem of privacy with regards of the possibility to monitor search histories, and (...) the problem of local censorship. The given findings lead to the conclusion that the development of structures of accountability for search engines is an important task for the near future. (shrink)