The project of “public reason” claims to offer an epistemological resolution to the civic dilemma created by the clash of incompatible options for the rational exercise of freedom adopted by citizens in a diverse community. The present Article proposes, via consideration of a contrast between two classical accounts of dialectical reasoning, that the employment of “public reason,” in substantive due process analysis, is unworkable in theory and contrary to more reflective Supreme Court precedent. Although logical commonalities might be available to (...) pick out from the multitude of particularized accounts of what constitutes “civic order,” no “public reason” so derived could adequately capture - and thus be able to secure in a practical sense - any single determinate civic order, much less one that would be consistent with all citizens' conceptions of public order. Part I of this Article raises a number of issues for consideration relating to the epistemology of law and focuses especially on the concept of public reason and its critique. Part II addresses alternative approaches to legal reasoning suggested by classical accounts of practical reasoning and virtue theory and considers the operation of such legal analysis outside the area of substantive due process; Part III analyzes post-Lawrence case law confirming the dilemma created by the Supreme Court's ambiguous approaches to substantive due process and concludes that only one interpretation - that articulated fully in Washington v. Glucksberg and given lip service in Lawrence v. Texas - provides a method for resolving novel substantive due process challenges that is philosophically sound as well as historically coherent. Rather than perpetuating a fiction that denies the propriety of lawmaking unless based on principles that all citizens can rationally agree upon, an appropriate model of substantive due process analysis recognizes that law must inevitably be based upon principles that cannot be agreed upon by all citizens in virtue of rationality alone. -/- Abstract Footnotes (291) Beta -/- Revise My Submission -/- -/- One-Click Download | Share | Email | Add to Briefcase -/- Facebook | Twitter | Digg | Del.icio.us | CiteULike | Permalink Using the URL or DOI link below will ensure access to this page indefinitely -/- Based on your IP address, your paper is being delivered by: New York, USA Processing request. [Processing request.] Illinois, USA Processing request. [Processing request.] Brussels, Belgium Processing request. [Processing request.] Seoul, Korea Processing request. [Processing request.] California, USA Processing request. [Processing request.] -/- If you have any problems downloading this paper, please click on another Download Location above, or view our FAQ File name: SSRN-id1004757. ; Size: 424K -/- Sample Cover You will receive a black and white printed and perfect bound version of this document in 8 1/2 x 11 inch format, with glossy color front and back covers. Currently shipping to the US addresses only. Your order will be shipped within three business days. Quantity: Total Price = $0.50 plus shipping (U.S. Only) -/- If you have any problems with this purchase, please email [email protected] or call 1-585-442-8170. Reason's Freedom and the Dialectic of Ordered Liberty -/- Edward C. Lyons University of Notre Dame Law School -/- Cleveland State Law Review, Vol. 55, p. 157, 2007 -/- Abstract: The project of "public reason" claims to offer an epistemological resolution to the civic dilemma created by the clash of incompatible options for the rational exercise of freedom adopted by citizens in a diverse community. The present Article proposes, via consideration of a contrast between two classical accounts of dialectical reasoning, that the employment of "public reason," in substantive due process analysis, is unworkable in theory and contrary to more reflective Supreme Court precedent. Although logical commonalities might be available to pick out from the multitude of particularized accounts of what constitutes "civic order," no "public reason" so derived could adequately capture - and thus be able to secure in a practical sense - any single determinate civic order, much less one that would be consistent with all citizens' conceptions of public order. -/- Part I of this Article raises a number of issues for consideration relating to the epistemology of law and focuses especially on the concept of public reason and its critique. Part II addresses alternative approaches to legal reasoning suggested by classical accounts of practical reasoning and virtue theory and considers the operation of such legal analysis outside the area of substantive due process; Part III analyzes post-Lawrence case law confirming the dilemma created by the Supreme Court's ambiguous approaches to substantive due process and concludes that only one interpretation - that articulated fully in Washington v. Glucksberg and given lip service in Lawrence v. Texas - provides a method for resolving novel substantive due process challenges that is philosophically sound as well as historically coherent. -/- Rather than perpetuating a fiction that denies the propriety of lawmaking unless based on principles that all citizens can rationally agree upon, an appropriate model of substantive due process analysis recognizes that law must inevitably be based upon principles that cannot be agreed upon by all citizens in virtue of rationality alone. -/- Keywords: substantive due process, practical reason, public reason, Rawls, Casey, Lawrence, Glucksberg, Plato, Aristotle, Kant, Hegel, dialectic, autonomy, freedom -/- . (shrink)

Legal minds have utilized the principle of double effect as proposed by St. Thomas Aquinas for centuries to shape legal authority in cases where moral judgment and legal reasoning meet. The U.S. Supreme Court had uti­lized double-effect reasoning in the realm of self-defense cases. This article discusses more recent use of double-effect reasoning in the landmark Supreme Court case Vacco v. Quill and its companion case, Washington v. Glucksberg. Chief Justice William Rehnquist, writing for the Court in Vacco, introduced (...) double-effect reasoning to identify the distinctions between palliative care and assisted suicide in an effort to uphold the constitutionality of the ban on assisted suicide in New York. National Catholic Bioethics Quarterly 11.1 (Spring 2011): 41–48. (shrink)

The euthanasia literature typically discusses the difference between “active” and “passive” means of ending a patient’s life. Physician-assisted suicide differs from both active and passive forms of euthanasia insofar as the physician does not administer the means of suicide to the patient. Instead, she merely prescribes and dispenses them to the patient and lets the patient “do the rest” – if and when the patient chooses. One supposed advantage of this process is that it maximizes the patient’s autonomy with respect (...) to both her decision to die and the dying process itself. Still, despite this supposed advantage, Oregon is the only state to have legalized physician-assisted suicide. After summarizing the most important Supreme Court opinions on euthanasia (namely, Cruzan v. Director, Missouri Dep’t of Health; Vacco v. Quill; Washington v. Glucksberg; and Gonzales v. Oregon), this paper argues that while there are no strong ethical reasons against legalizing physician-assisted suicide, there are some very strong policy reasons for keeping it criminal in the other forty-nine states. (shrink)

Interpretation of Hetvābhāsasāmānyanirukti of Gaṅgeśa, 13th cent., treatise on Nyaya philosophy; based on other classical commentaries.

ch. 1. Istorii︠a︡ sot︠s︡iologicheskikh ucheniĭ -- ch. 2. Nauchnai︠a︡ teorii︠a︡ obshchestva.

The informed consent process presents challenges for psychological trauma research (e.g. Institutional Review Board [IRB] apprehension). While previous research documents researcher and IRB-member perspectives on these challenges, participant views remain absent. Thus, using a mixed-methods approach, we investigated participant views on consent guidelines in two convenience samples: crowdsourced (N = 268) and undergraduate (N = 265) participants. We also examined whether trauma-exposure influenced participant views. Overall, participants were satisfied with current guidelines, providing minor feedback and ethical reminders for researchers. Moreover, (...) participant views for consent were similar irrespective of trauma-exposure. Our study has implications for IRBs and psychological researchers. (shrink)

_This paper discusses the concept of compassion fatigue in light of the importance that political decisions, especially the application of the concept of public spirit, have had on care and nursing in a Danish hospital context during the COVID-19 pandemic. The paper is based on recent research literature in the field as well as the author’s own participatory observation study. The paper suggests that nurses already show a sense of public spirit due to their authorization and professional ethics, but at (...) the same time they must balance the ambiguity of nursing care. A linguistic-philosophical study of public spirit shows that the concept can have a discursive, double-binding and interpellative effect on nurses, who may therefore have an experience of inadequacy and compassion fatigue. In this context, compassion fatigue must be understood as the fact that nurses cannot provide the care they want or that is expected of them. Public spirit can be said to have had a renaissance and linguistic and moral supremacy during the COVID-19 pandemic. The paper views the concept of __waywardness 1 as a possible response for how to prevent or completely avoid compassion fatigue, so that nurses instead have an experience of compassion / self-compassion. This could in the end be important for encouraging more nursing students and nurses who have the desire and opportunity to stay in the profession._ _Keywords_: Nursing care, compassion fatigue, public spirit, compassion, COVID-19 pandemic. (shrink)

The article is devoted to the search for the nature of the ontology of an art work on the example of a literary work. Tradition viewed a work of art as the discovery of a higher truth. Analytical philosophy deprived literature of the status of truth in general, and thereby deprived it of any ontological dimension. Heidegger’s attempt to return this dimension to literature through its relationship with being did not find continuation in philosophy. The author proposes to consider a (...) literary work as a model of the world, primarily the social world. This approach makes liken a literary work to a mathematical theory. A mathematical theory is built as a correlation of simple elements; in a literary work such elements are characters (sometimes things). A mathematical theory is built on clearly defined axioms, a literary work is also built on axioms, but they do not have an explicit expression within the work and cannot always be perceived intuitively. The author shows that the mathematical theory never fully meets the specified conditions, and the mathematicians themselves note that in the future they will largely lose their strength. Thus, a literary work is of the same nature as a mathematical theory, only it presents a more complex case. The problem of truth serves as the way to find the ontological dimension. Analysis shows that in mathematics it is solved not by reducing a hypothesis to axioms, but by recognizing a theory through its effectiveness or applicability. For a work of art, such a criterion is its perception by its readers. In both cases, the ontological dimension is in the mind of the reader. (shrink)

The aim of this talk/paper is to briefly describe the influences on a human being that result in the feelings of helplessness, selfish attachment to objects and/or people, indifference, and a tendency to seek refuge in political, corporate, or religious hierarchies. Man as a social being is today faced with a situation of having to realize his or her personality within a “sick society” that neglects its members and overemphasizes hierarchical structures. The paper also aims at detecting the impact of (...) the media on the production of depressive passivity that prevents empathy and creates a “prison without walls.” A special dimension of the presentation has been to connect Freud’s interpretation of narcissism with the contemporary spread of this phenomenon due to the powerful influence of modern mass media. Narcissism as a phenomenon goes beyond the field of psychology and becomes a kind of behavioural matrix that can have far-reaching effects on all dimensions and forms of organizing social communities. (shrink)

Hegel’s idealism is generally perceived as a system of rational sublation (Aufhebung) of all empirical contingencies: nothing resists notional mediation which, in a movement of negation of negation, establishes a rational totality. Already Schelling opposed to this complete sublation an “indivisible remainder” of empirical contingency. However, a close reading of Hegel makes it clear that the concluding moment of a dialectical movement of sublation is an empirical remainder which totalizes it, like the body of Christ in Christianity. And the same (...) goes for the process of “negation of negation”: it concludes with a failure of negation, and its ultimate form is a failed suicide where the subject survives as a living dead. Such a reading of Hegel makes him a thinker of our time which is the time of a failed negation: most of us live as survivors of our death, with life dragging on in depressive apathy. (shrink)

“Gerçekten Öyle mi Olmuş?” kitabında, tarih disiplininin nasıl bir süreçten geçtiğine kısaca değinilerek küresel gelişmeler ışığında hangi yönlere evirildiği konu edildi. Çalışma, bir anlamda tarihin ve tarih eğitiminin varlık-amaç işlevlerinin belirlenmesinin temelinde yatan nedenleri, geçmiş-gelecek diyalektiği çerçevesinde sorgulamaya dayandı. Bu bağlamda geçmişin çağrışımının siyasetle ilişkisi, günümüz bilgi teknolojilerindeki değişim, dördüncü sanayi devrimiyle dönüşecek toplumsal yapının dinamikleri ve en nihayetinde toplumun geçmiş ve gelecek algısı ile bu algının post-truth (gerçek ötesi) dönemdeki yansımaları örneklerle ele alındı. Post-truth olarak adlandırılan bu yeni dönemde, (...) tarihçilik açısından problematik görünen üç ana konu incelendi. Bunlardan ilki, tarihin ve tarihçiliğin geleceğine ilişkin riskler ve tehditler. Diğeri, ilkiyle bağlantılı olarak tarihin öteden beri siyasiler tarafından bir meşruiyet aracı olarak kullanılıyor olmasının günümüzdeki durumu ve suistimaller. Son olarak da yeni medyada üretilen tarihsel bilginin gerçekliğinin denetlenememesiyle ortaya çıkan ve toplumsal kutuplaşmalara yol açan bilgi kirliliği. Böylelikle, post-truth çağında gerçeğin peşinden koşan tarihçilerin ve tarih severlerin, yeni medya ve onun uzantılarıyla nasıl yüz yüze kalacağı konusunda bir resim sunulmaya çalışıldı. Amacımız, bu üç soruna çözümler getirerek konu sonlandırmak olmayıp konunun özellikle akademisyenler tarafından tartışılmasını sağlayacak bir gündemin oluşturulmasıdır. (shrink)

On the fundamentals of Vaiśeṣika and Nyaya school in Hindu philosophy with Saptapadārthīṭīkā commentary.

In this essay, I maintain that the issue of whether the right to die is viable as a constitutionally protectable right remains open. I intend to reconcile the Supreme Court's holdings in Glucksberg and Quill by examining the different rationales the Justices offered for their decisions. I do not believe this issue can be resolved simply by asserting that the intention of the actor is different when assisting suicide, as compared to when life-sustaining treatment is withdrawn. Rather, the right (...) to die continues to be viable due to the level of abstraction at which the Court chose to frame the issue in these cases. (shrink)

This article arises indirectly out of the development of a particular approach, called ATT-Meta, to the understanding of some types of metaphorical utterance. However, the specifics of the approach are not the focus of the present article, which concentrates on some general issues that have informed, or arisen from, the development of the approach. The article connects those issues to the questions of metaphorical meaning and truth. -/- A large part of the exploration of metaphor in fields such as Cognitive (...) Linguistics and natural language Pragmatics takes metaphor to rest on complex mappings between a target subject matter and a source subject matter (see, e.g., Lakoff 1993, 2008). This is one main way in which some aspects of the source, generally including some structural aspects, can have parallels in the target. It is typical for much, and perhaps the whole, of the meaning of a metaphorical expression to be explained by means of these parallels. We will talk about “parallelism” rather than “isomorphism,” or even “analogy,” because “isomorphism” implies a strict one-to-one correspondence between items in the source scenario and items in the target scenario, and analogy theorists often hold that analogy rests on isomorphism. We wish not to prejudge the question of whether looser, messier forms of parallelism are sometimes needed. Also, we will talk about parallels rather than mappings, because our discussion will embrace the question of parallelism that may be discernible, albeit implicitly, in accounts of metaphor that are not presented as being based on mappings. Three main cases of such accounts are Relevance Theory (RT: e.g., Sperber & Wilson 2008, Wilson & Carston 2006), the categorization-based or "class-inclusion“ approach (Glucksberg 2008), and Ritchie’s (2006) CLST account (Context-Limited Simulation Theory). -/- One main issue we will address is that of substantial non-parallelism that can exist between source and target subject-matters in metaphor: more precisely, the issue that there may be source aspects that are exploited by the utterance and have a deep effect on metaphorical interpretation but that do not themselves have a natural parallel in the target subject-matter (although we will point out that artificial parallels can generally be created). This is part of a broader point that the content of metaphorical discourse should often be seen as being derived in a rather holistic way from several metaphorical bits of the discourse, which conspire to describe some source-domain scenario, rather than being derived by putting together metaphorical meanings of each metaphorical bit (even if each bit could in principle be assigned its own separate metaphorical meaning). As a result, we suggest that it is misguided to think of the propositions making up the content (or, if you like, "meaning“) about the target scenario that is being described is a matter of metaphorical meaning of specific grammatical units such as sentences, clauses or other constituents that a traditional semantic theory would assign propositional meaning to. Rather, grammatical units (that are to be taken metaphorically) have meanings in source-domain terms; content in target-domain terms is derived from the source-domain scenario depicted by those units and fleshed out through inference; and the target-domain content is only (in general) fuzzily relatable to particular grammatical units. This view is on a spectrum at whose extreme point we could place Davidson’s (1984) view that metaphors only have literal (i.e., source-domain) meanings, with other effects on the understander not being a matter of propositional content. However, on our view it is proper to take metaphorical discourse as having non-literal meaning, couched as a collection of propositions, among other things possibly; it is just that the propositions are not to be thought of (in general) as meaning of specific sentences, clauses or other grammatical units rather than of a possibly only fuzzily delineated piece of discourse. -/- A second main concern of the article is the question of how much, and what types of, inference are involved in the derivation of metaphorical meaning. While our own ATT-Meta approach accords with, amongst other accounts, Relevance Theory (RT) as to the centrality of inference in metaphor interpretation, we disagree with RT on its claim that metaphor interpretation is a matter of (a relatively high degree of) concept "broadening“ and (often) "narrowing“. We argue that almost all inference can in fact be theoretically re-described as concept broadening and/or narrowing, and what is left over should be included in the metaphor interpretation process anyway. Thus, the RT claim about broadening and narrowing really just says that inference, of unrestricted type, is involved in metaphor understanding, in accord with what ATT-Meta claims. (shrink)

Study of Pañcadaśi of Mādhava, d. 1386, compendium on Advaita philosophy.

Contributed seminar papers on Vedic theory of creation, philosophy and science.

A close observation on the rapid change in the mind of young cohort has been made. Our Surveillance is before and after pandemic periods compels us to re-write some pre-occupied conceptions in the core of Philosophy and Psychology. We have worked on mind-body & mind-soul relationship from three angles that are Medical Science, Psychology and Philosophy. It is seen that the level of confidence is gradually diminishing among the youth due to different impetus and as a result many powerful strengths (...) are going out. Proclamation of human values in a new way must be declared so that we can save a thankful number of creative lives. Discussions have been made on thoughts, distress, medical causes of suicide or suicidal attempts, personality disorders, neuropsychology to open up a new world before the present generation. Each and every characteristics of life has positive impact and here we have tried to establish this fact. Physical and metaphysical aspects are reciprocating our lives and this should be injected in the mind of present generation and an approach can be taken to incorporate the matter in the curriculum right now. We have the intention to explain metaphysical love and its high, intelligent values proclaimed strength of mind of youth to infuse our dear world with great moral values. It may also save the earth from natural decay with their surprising discoveries. (shrink)