Volume 20, Issue 7, July 2020, Page 147-150.

Forty years after his death, Hans Kelsen (1881-1973) remains one of the most discussed and influential legal philosophers of our time. This collection of new essays takes Kelsen's Pure Theory of Law as a stimulus, aiming to move forward the debate on several central issues in contemporary jurisprudence. The essays in Part I address legal validity, the normativity of law, and Kelsen's famous but puzzling idea of a legal system's 'basic norm'. Part II engages with the difficult issues raised by (...) the social realities of law and the actual practices of legal officials. Part III focuses on conceptual features of legal systems and the logical structure of legal norms. All the essays were written for this volume by internationally renowned scholars from seven countries. Also included, in English translation, is an important polemical essay by Kelsen himself. (shrink)

This rich and varied collection of essays addresses some of the most fundamental human questions through the lenses of philosophy, literature, religion, politics, and theology. Peter Augustine Lawler and Dale McConkey have fashioned an interdisciplinary consideration of such perennial and enduring issues as the relationship between nature and history, nature and grace, reason and revelation, classical philosophy and Christianity, modernity and postmodernity, repentance and self-limitation, and philosophy and politics.

A good deal of attention has been recently focused on the presumed advertising excesses of the healthcare industry in its promotion techniques to healthcare professionals, whether through offering gratuities such as gifts, honoraria, or travel support2-6 or through deception. Two basic concerns have been expressed: Does the acceptance of gratuities bias the recipient, tainting his or her responsibilities as the patient's agent? Does acceptance of the gratuity by the healthcare professional contribute to the high cost of healthcare products? The California (...) Society of Hospital Pharmacists was recently asked by its members to formulate a policy for an appropriate relationship between the Society and the healthcare industry, addressing these concerns. In formulating its policy, it became clear that the Society depended on healthcare industry support, gathered through journal advertising, fees for booths at its various educational events, and grants for speakers. (shrink)

Pancreatitis is a complex, progressively destructive inflammatory disorder. Alcohol was long thought to be the primary causative agent, but genetic contributions have been of interest since the discovery that rare PRSS1, CFTR and SPINK1 variants were associated with pancreatitis risk. We now report two associations at genome-wide significance identified and replicated at PRSS1-PRSS2 and X-linked CLDN2 through a two-stage genome-wide study. The PRSS1 variant likely affects disease susceptibility by altering expression of the primary trypsinogen gene. The CLDN2 risk allele is (...) associated with atypical localization of claudin-2 in pancreatic acinar cells. The homozygous CLDN2 genotype confers the greatest risk, and its alleles interact with alcohol consumption to amplify risk. These results could partially explain the high frequency of alcohol-related pancreatitis in men. © 2012 Nature America, Inc. All rights reserved. (shrink)

Peter Gardner; Some Errors in Moral Education, or D. Z. Phillips and the‘Educational Argument’, Journal of Philosophy of Education, Volume 16, Issue 1, 30 May 2.

Peter Gardner; Some Errors in Moral Education, or D. Z. Phillips and the‘Educational Argument’, Journal of Philosophy of Education, Volume 16, Issue 1, 30 May 2.

This paper attempts in the first instance to clarify the application of the personal/sub-personal distinction to psychoanalysis and to indicate how this issue is related to that of psychoanalysis" epistemology. It is argued that psychoanalysis may be regarded either as a form of personal psychology, or as a form of jointly personal and sub-personal psychology, but not as a form of sub-personal psychology. It is further argued that psychoanalysis indicates a problem with the personal/sub-personal distinction itself as understood by Dennett (...) A revised view of the distinction, which is argued to reflect its true metaphysical significance, is proposed. (shrink)

Psychologue cognitiviste américain de renommée internationale Howard Gardner mène, depuis trente ans, des recherches sur l'intelligence qui renouvellent l'approche traditionnelle de la question. Il montre en particulier que le test du Q.I., largement utilisé, en France notamment, pour déterminer les aptitudes des individus, n'explore en fait qu'un seul type d'intelligence. Résumant dans ce livre ses recherches antérieures, Gardner explique qu'il existe en réalité sept formes d'intelligence qui recouvrent dans leurs nuances l'ensemble des capacités humaines : l'intelligence verbale, logico-mathématique, (...) spatiale, musicale, corporelle et kinesthésique, interpersonnelle (intelligence des autres) et intrapersonnelle (intelligence de soi). Or seules les intelligences verbale et logico-mathématique sont traditionnellement prises en compte et développées à l'école. L'approche de Gardner permet donc de comprendre un grand nombre des difficultés que rencontrent aujourd'hui le système éducatif et, plus largement, nos sociétés tout entières. Elle annonce aussi la nécessaire mutation de l'école qui doit repenser ses modèles d'apprentissage pour permettre à chacun de développer son potentiel d'intelligence selon une large gamme d'aptitudes. Ce livre passe en revue des situations de terrain variées et permet d'aborder sous un angle concret la théorie novatrice des intelligences multiples. (shrink)

This is my reply to five extended critical assessments of my book Law as a Leap of Faith, appearing together in a symposium issue of Law and Philosophy. The critics are Kevin Toh, Luís Duarte d’Almeida and James Edwards, Fábio Perin Shecaira, Cristina Redondo, and Matthew Smith. The topics include H.L.A. Hart’s philosophical legacy, the moral claims of law, the nature of legal reasoning, the doctrine of legal positivism, and the possibility of alienation from law.

Marshalling a mind-numbing array of data, Harvard political scientist Robert D. Putnam, in his book Bowling Alone, shows that on virtually every conceivable measure, civic participation, or what he refers to as “social capital,” is plummeting to levels not seen for almost 100 years. And we should care, Putnam argues, because connectivity is directly related to both individual and social wellbeing on a wide variety of measures. On the other hand, social capital of the “bonding kind” brings with it the (...) ugly side effect of animosity toward outsiders. Given the increasing heterogeneity of our world, the goal therefore must be to enhance connectivity of the “bridging sort,” i.e., connecting across differences. This, in turn, requires that we first clarify what bridging communicative styles looks like. Examining communication as it might transpire in Kant’s kingdom of ends, through the perspective of Habermas’ “communicative action,” and within the scientific community, offers a compelling suggestion that there is a way of communicating such that, if adopted, one would come to view others as if they were persons, i.e., that a bridging communicative style facilitates a kind of bonding that sees through differences toward the commonality of personhood. This paper will briefly explore how communicating toward personhood might be promoted. (shrink)

This paper offers a critical discussion of Jonathan Israel’s thesis that the political and moral ideas and values which define liberal democratic modernity should be regarded as the legacy of the Radical Enlightenment and thus as deriving from Spinoza. What I take issue with is not Israel’s map of the actual historical lines of intellectual descent of ideas and account of their social and political impact, but the accompanying conceptual claim, that Spinozism as filtrated by the naturalistic wing of eighteenth-century (...) French thought, is conceptually sufficient for the ideology of modernity. The post-Kantian idealist development, I argue, qualifies as radical, and hinges on Spinoza, but its construal of Spinoza does not fit Israel’s thesis, and reflects an appreciation of the limitations, for the purpose of creating a rational modernity, of the naturalistic standpoint represented by thinkers such as d’Holbach. (shrink)

My object here is to try to make the idea of moral criticism, and its foundation, moral art, sound at least a trifle less outrageous than it does at present. I'd like to explain why moral criticism is necessary and, in a democracy, essential; how it came about that the idea of moral criticism is generally hoo-hooed or spat upon by people who in other respects seem moderately intelligent and civil human beings; and that the right kind of moral criticism (...) is, or should be. Partly this involves explaining why sophisticated modern free society tends to be embarrassed by the whole idea of morality and by all its antique, Platonic- or scholastic-sounding manifestations: Beauty, Goodness, Truth. In other words, it involves, partly, explaining how perverse and false philosophers, and educated but sequacious mind, obscuring truths once widely acknowledged; and partly it involves sketching out a way of thinking that might supplant the cowardly Laodicean habits into which American intellectuals have in recent times fallen. John Gardner, novelist, poet, and essayist, has received the National Book Critics Circle Award for his latest novel, October Light. His other popular works of fiction include Grendel, The Sunlight Dialogues, and the book-length poem, Jason and Medeia. He has, as well, prepared modern versions of the Gawain poems, an alliterative Morte Arthure and five other Middle English poems and written The Construction of the Wakefield Cycle, The Poetry of Chaucer, and the biography, The Life and Times of Chaucer. "Death by Art" is the first chapter of a book concerned with morality in literature. (shrink)

Our paper has three parts. In Part 1, we discuss John Gardner’s thesis that the non-elliptical ascription of agency to law is a necessary and irreducible part of any adequate explanation of the activities of legal officials. We consider three explananda which might conceivably necessitate this ascription, and conclude that none in fact does so. In Part 2, we discuss two other theses of Gardner’s: that it makes no sense to ascribe to law the claim that there are (...) legal obligations , and that law’s claim is the claim that there are moral obligations . We take issue with Gardner’s arguments for , and suggest that is unwarranted in the absence of an argument that law makes any claims at all. In Part 3, we briefly argue that, insofar as it issues requirements, there are certain claims that law cannot but make. We conclude that if Gardner is right that law’s claims are those of certain of its officials, it is law-making and not law-applying officials who make law’s claim. (shrink)

More than 50 years after it was first published, The Concept of Law remains the most important work of legal philosophy in the English-speaking world. In this volume, written for both students and specialists, 13 leading scholars look afresh at Hart's great book. Unique in format, the volume proceeds sequentially through all the main ideas in The Concept of Law: each contributor addresses a single chapter of Hart's book, critically discussing its arguments in light of subsequent developments in the field. (...) Four concluding essays assess the continued relevance for jurisprudence of the 'persistent questions' identified by Hart at the beginning of The Concept of Law. The collection also includes Hart's 'Answers to Eight Questions', written in 1988 and never before published in English. Contributors include Timothy Endicott, Richard HS Tur, Pavlos Eleftheriadis, John Gardner, Grant Lamond, Nicos Stavropoulos, Leslie Green, John Tasioulas, Jeremy Waldron, John Finnis, Frederick Schauer, Pierluigi Chiassoni and Nicola Lacey. (shrink)

Recent theory and research in historical education has focused attention on the structures, processes, and cognitive acts of professional historians. Proponents of historical thinking argue that authentic teaching in history should move beyond the mere memorization of facts and instead engage students directly in the interpretation of primary sources and the construction of original historical accounts. These scholars argue that by "doing history" through open-ended inquiry, students will discover the contingent nature of historical accounts, which is a more accurate reflection (...) of the field. In particular, books like Howard Gardner's The Disciplined Mind and Keith Barton and Linda Levstik's Teaching History for .. (shrink)