Some philosophers, most notably Hempel and Salmon, have tried to reduce explanation to probability by proposing analyses of explanation in probabilistic terms. Hempel claims, roughly, that a hypothesis H explains a datum D if and only if the conditional probability P is close to 1. It is well known that such an account fails in cases where H is irrelevant for D. Even though it is highly likely that Tom will not become pregnant, given that he regularly takes his wife’s (...) birth control pills, the latter does not explain the former. Neither does an idea work which is in the proximity of Salmon’s, namely, that H explains D if and only if P > P. Suppose Susan swallows a pound of arsenic in order to commit suicide. Shortly after, however, she dies because she is run over by a bus. The probability of dying, given that one ingests a pound of arsenic, is usually higher than the prior probability of dying. Nonetheless, it is not the arsenic but the collision with the bus which explains Susan’s death. The aforementioned objections are directed against …. (shrink)

(No abstract is available for this citation).

Britain's abandonment of the Gold Standard in 1931 raised new economic policy problems both for Britain and for the countries of the Empire, who had to decide whether to follow sterling off gold and, if so, whether to peg their currencies to sterling. By exploiting archival material, the author casts fresh light on the debates and financial diplomacy of the period, and provides a fuller understanding of several key issues: the formation of the sterling area, the World Economic Conference of (...) 1933, and American concerns about the price and course of sterling. (shrink)

During the COVID-19 epidemic, personal safety has received increasing attention, leading to behavioral changes. Mobile-wallet makes it easier for people to keep social distance, which helps stop the spread of the COVID-19 virus. Evolving Internet technology has brought about changes in consumer lifestyle. The current situation of COVID-19 has created a business environment to shift from traditional ways and adopt e-commerce solutions worldwide. Grounded in technology acceptance model theory, this study’s objective is two-fold: First, this study intends to examine perceived (...) susceptibility to COVID-19, perceived severity of COVID-19, insecurity and discomfort as the predictors of perceived usefulness and perceived ease of use. Second, the current research intends to test the moderating effect of electronic words-of-mouth on the relationship between attitude and usage intention. Using survey methods, 226 usable responses were collected through a mall intercept survey in Pakistan. Data were analyzed using partial least square. The results revealed that PEOU and PU positively influence attitude toward M-wallet. This study has found that attitude positively influences the usage intention in adopting M-wallet. The results also support the moderating role of eWOM. These findings contribute to the marketing literature in several ways, particularly in Pakistan. This is the first study to use eWOM as a moderating variable in the TAM theory. In addition, this study adds to the current body of knowledge by considering eWOM as a multi-dimensional construct novel in m-wallet literature. (shrink)

The British journalist Christopher Hitchens has recently noted that the extraordinary excitement created by l’affaire Pound, an excitement sustained for now some forty years, is partly the result of having no fewer than three debates going on whenever the poet’s legal situation and his consequent hospitalization are discussed. As Hitchens says, those questions are: “First, was Pound guilty of treason? If not, or even if so, was he mad? Third, was he given privileged treatment for either condition?”1 I (...) propose to discuss all three issues in a way that fairly reflects the fact that I am neither a physician nor a lawyer. What I know of the state of medical expertise, both today and in the period of time from 1943 to 1958 , leads me, as a layman, to believe that there is an enormous latitude of understanding among medical professionals as to the precise meaning of “insanity.” At one extreme, for some distinguished physicians, the term means almost nothing. They see it as a legal term and as therefore irrelevant to them; some of them follow the line of reasoning developed by Thomas Szasz over his long writing career, namely that “mental illness” if not illness in any ordinary sense of the term.2 For other medical practitioners, it does mean something, but only when it is redefined into much smaller subcategories and enriched with much more precise terminology, and when the given patient and his full range of circumstances are considered.What I know of the legal understanding of insanity is that there has been and is now little firm agreement about “insanity” or “madness.” Equally competent juries and courts have been able to set down findings that are more or less plausible on their face but do not seem to comport at all with each other. I tentatively conclude that whatever “insanity” now is in the United States, and whatever it was when Pound was found unfit to stand trial in 1945, the standard is not the lucid simplicity of the M’Naghten test, namely, the ability of the accused to understand the difference between “right” and “wrong.” Human mind, self-awareness, and motivations are vastly more complicated than such a test would imply. 1. Christopher Hitchins, “American Notes,” Times Literary Supplement, 21 Oct. 1983, p. 1160.2. See Thomas Szasz, Insanity for a synthesis of his ideas as formulated in some eighteen books. William M. Chace is professor of English and Vice Provost for Academic Planning and Development at Stanford University. He is author of The Political Identities of Ezra Pound and T. S. Eliot , Lionel Trilling: Criticism and Politics , and scholarly essays on writers including Wyndham Lewis, D. H. Lawrence, T. E. Lawrence, and James Joyce. He is now working on a study of the ways in which American culture in this century has been subjected to critical analysis. (shrink)

Our planet contains 194 independent states and much more nations. They share membership of the United Nations and in consequence they subscribed the Universal Declaration of Rights. These are rooted in the modern universal conception of states and human rights formulated by philosophers of the Enlighten Age like Locke, Kant., Montesquieu, Voltaire and Rousseau. Concepts like democracy are mirrored to the organization of the political life as it was developed in North America and Europe at the end of the 18th (...) and the 19th century. Universality was deeply rooted in the Western intellectual, moral and religious tradition of that part of the world. Even globalization of the economic and social life is governed by the same Western standards and worldwide consumed basic goods like prime matter,. food and energy is expressed in terms of Western currency like dollar, pound sterling or euro. Despite this economic globalization there were two contradictory political evolution to discern: At the one hand more than 70 new states where created and on the other hand 28 European states started to integrate to a political European Union. The latter trend was based on a deep economic integration and since the creation of the euro also a financial integration. Basic idea was the creation of a free economic market as bases for a political unified Europe. Euro criticism is not only identified with conservatism, nationalism, narrow mind and even racism, euro criticism is deprived from any intellectual significance. However other trends put some shadow on the European project. First the Soviet experience around Marxism, Leninism and Stalinism unified more different nations than the European Union but ended in a complete political and economic chaos. Secondly the financial euro crisis involves only the tacit undermining of the national political independence of the member states, but does not make room for a deep analysis what the fundamentals are of this crisis such as lack of confidence of the citizen in the created unified political and financial market and its main instruments like banks that we consider as the fundamental boundary conditions of the worldwide globalization of goods, power and all aspects of human life. Furthermore we claim that this market in al its aspects is the worst answer to the inconvenient yet unavoidable truth that Western way of life of consumption includes a ecological footprint that exceeds since many years the sustainability of our planet. -/- . (shrink)

Although the treatment of history in late nineteenth-century American legal scholarship remains largely unexplored, two recent areas of research have discussed this subject tangentially. Historiographical critiques of the emphasis on doctrine by American legal historians typically maintain that late nineteenth-century legal scholars viewed history as disclosing an inevitable evolutionary progression from primitive to civilized forms. This "whiggish" approach, the critiques add, ignored the context and function of past law while apologetically justifying conservative existing law as autonomous scientific truth. Without addressing (...) the historiographical critiques, scholarship about late nineteenth-century legal thinkers has touched on their historical research and assumptions, mostly in passing as part of inquiries about other subjects. Designed primarily to convey how both areas of research have contributed to the historiography of late nineteenth-century American legal history, this article concludes by drawing on my own extensive reading of the original sources. Sometimes in support but often in refutation of the existing secondary literature, my findings reveal that the late nineteenth-century scholars formed a distinctive and sophisticated American school of historical jurisprudence that merits further study. Often warning against the very faults ascribed to them by dismissive subsequent scholars, many viewed legal evolution as a contingent response to social change and urged substantial reform of existing law. The American school of historical jurisprudence, moreover, provides an important intellectual context for new insights into two giants of American legal thought, Oliver Wendell Holmes, Jr. and Roscoe Pound. (shrink)

The death of Jesse Gelsinger in 1999 during a gene therapy trial raised many questions about the ethical review of medical research. Here, the author argues that the principle of justice is interpreted too narrowly and receives insufficient emphasis and that what we permit in terms of bodily invasion affects the value we place on individuals. Medical research is a societally supported activity. As such, the author contends that justice requires that invasive medical research demonstrates sufficiently compelling societal benefit. Many (...) consider this societal benefit to be self evident. However, medical research is a complex activity; it yields new treatments but also creates financial rewards and affects health resource allocation. As research evolves into a multibillion pound, multinational enterprise, justice requires a much broader analysis of societal benefit. Without such evaluation we risk undermining the value of bodily integrity and of research participants. (shrink)

It weighs in at a bit more than five pounds; its dimensions demand a cradle. Yet this book is a handsome and welcome achievement despite its bulk. Its reproduction of the 1922 text, its maps and photos of 1904 Dublin; its list of minor characters in Ulysses; its bibliography of scholarship, both old and new; its timeline of Joyce's life, and its exemplary detailed annotations of the text: everything, harvested from the best sources, has been brought together to create the (...) largest volume dedicated to Joyce scholarship ever produced—a book that celebrates the first printing of Joyce's masterpiece. Given its weight and size, its classroom utility is likely limited; given its monumentality, it is a proper hundred-year tribute.What is wholly original about the book's contents are the essays that preface each of the eighteen episodes of the masterpiece. That Joycean scholarship grows upon itself is amply demonstrated by the sophistication and weight of learning the eighteen writers can now display. Almost fifty years have passed since Clive Hart and David Hayman edited a volume with a similar aim. Each of the new essays reveals just how much more there is now to know and say about Ulysses, how much more there is to praise in how Joyce conceived the book, how much more there is to teach, and how unlikely it is that Joycean scholarship will ever be diminished in either its curiosity or its energy. Given the increasing complexity and density of such accumulated knowledge, it is a pleasure to witness the economy and precision shown by so many of the writers. In particular, Robert Spoo's writing about “Nestor,” Maud Ellmann's writing about “Lotus Eaters,” and Vicki Mahaffey's writing about “Nausicaa” demonstrate how concision can make for valuable illumination.But there is a problem with where these essays are positioned. Coming before each of the episodes they introduce, they might condition the mind of a reader new to Ulysses to look upon those episodes as no more than demonstrations of what the scholars think. Catherine Flynn, the book's editor, emphasizes the need of such professional interpretation when she describes the plight of anyone “struggling through Ulysses” and “the key challenges facing the reader.” She is right about how hard it is for any new reader to “get” the book, but the placement of the essays is at odds with her claim that “grappling with the novel's challenges, the reader is pushed toward one of the most important rewards of reading Ulysses: thinking independently.” The prefaces may well impede the reader from thinking independently.Professor Flynn's focus on challenge and difficulty is widely shared throughout the Joycean community and has become a fundamental preoccupation in Joyce scholarship. Taking Joyce's mastery as a given, many Joyceans assume a Talmudic stance in believing, to quote Spinoza, that “the intellectual love of a thing consists in understanding its perfections.” Facing the formidable Joyce, they turn and turn again to explication. They subscribe to the dictum that the youthful Joyce himself, perhaps self-mockingly, set down: “A man of genius makes no mistake. His errors are volitional and are the portals of discovery.” But is Ulysses free of error?Fritz Senn, writing about “Ithaca,” does not put himself in opposition to Joyce but in opposition to the presumed inerrancy of Joyce. He argues that the episode displays a troubling disjunction between what Joyce intended to do in the episode and what he did. Joyce told his friend Frank Budgen that in the episode “not only will the reader know everything and know it in the baldest and coldest way, but Bloom and Stephen thereby become heavenly bodies, wanderers like the stars at which they gaze.” But readers do not, indeed, get to know all they should, or see all they should see. Senn notes that they “learn next to nothing about Bloom's mother, his birthday, or the exact nature of his father's suicide, although they do learn a lot about such things as the junk in a drawer, the Dublin water supply system, and the addresses of Dublin shops.” Senn asks: “What does the meeting of the two characters amount to? Will it change Stephen so that he might become the author of the book he is in? Does Bloom find a son? Does he become the father that Stephen is supposed to be looking for? The impassive episode does not seem to answer, or to care.” But these are questions about which many a reader might care.Joyce named “Ithaca” as his favorite among the episodes. Senn demonstrates by his care and attentiveness that he too admires it. But by not limiting himself to dutiful reverence, he instead critically examines the Joycean text. His tribute to Joyce is both unsparing and generous.Equally attentive and yet incisive is Katherine O'Callaghan in her examination of “Sirens.” She recognizes the experimental daring of Joyce's strategy of “conveying music through language” in that episode. But her analysis, as penetrating as it is learned, does not leave the reader persuaded that the episode is entirely successful. As she observes, “the reluctance of the musical art to bend to the critical written voice” is a “stumbling block.”Another problematic experiment, “Oxen of the Sun,” which Joyce himself described as “the most difficult episode... both to interpret and to execute,” presents its commentator, Sarah Davison, with the task of explaining how its grandiose mixture of parody, plagiarism, and sheer celebration of myriad English prose styles over the centuries can function without, as she says, “wrongfooting and dissatisfying readers” who assume that the episode “enacts a historical progression only to find themselves disorientated by so many different echoes and cadences.”Were Joycean scholars more devoted to critical judgment than to explication—even when they are faced with the spectacular imposition of genius—the common reader would more likely find fellowship, and less intimidation, when reading a book that is not a sacred text but a human document, written with the extraordinary self-imposed challenges, as well as the problematic results, that only a most extraordinary human could make. 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Some writers are drawn, almost as if hexed, to pronounce on matters of state, politics, and, occasionally, economic policy. Margaret Atwood is one such writer. Her book Payback suffers from its aspiration to create an idealistic and implausible world to take the place of the one we have. This imaginary world would adopt all currently attractive ecological and friendly principles. In positing such a utopia, Atwood puts aside the admirable acuity she has when investigating the real world of literature and (...) veers away into the world of politics, economics, and social life, where she reveals herself a romantic. In so doing, she takes her place, a modest one, in the ranks of twentieth-century writers (Eliot, Pound, Yeats, Brecht) who also ventured into the construction of unworkable social visions that would supplant what they saw around them. Her adventure, while less ambitious, is no less naive than theirs. (shrink)

The foundations of law. The digest title, De diversis regulis iuris antiqui, and the general principles of law, by P. Stein. Equity in Chinese customary law, by W. Y. Tsao. Prolegomena to the theory and history of Jewish law, by H. Cohn. Juridical evolution and equity, by J.P. Brutau. Reflections on the sources of the law, by P. Lepaulle. The true nature and province of jurisprudence from the viewpoint of Indian philosophy, by M.J. Sethna. On the functions and aims of (...) the state, by G. Del Veccchio.--Concepts of jurisprudence. Legal language and reality, by K. Olivecrona. The logic of the reasonable as differentiated from the logic of the rational (human reason in the making and the interpretation of the law) by L. Recaséns-Siches. Some refections on status and freedom, by W.G. Friedmann. Law and power and their correlation, by M. Reale. The notion of canonical auctoritas with respect to statute, custom and usage, by B.F. Brown. Two theories of "the institution," by J. Stone. (shrink)

This collection addresses a post-WWII shift in the hierarchy of scientific explanations, where the highest goal moves from reductionism towards some ...

This chapter talks about TV series character Veronica Mars who believes in the old school of thought of an eye for an eye. Logan Echolls has extracted the payment from Stosh “Piz” Piznarski by battering him bloody for the presumed crime of taping himself and Veronica. Vengeance is the quintessential passion of the victim. It's a visceral instinct, not a high‐minded aspiration. The essence of vengeance may be well captured in the image of Veronica's classmate Mandy, wild‐eyed and screaming as (...) she repeatedly tasers dognapper Hans, whom she has pinned beneath her on the floor of the Neptune dog pound. The chapter also mentions that Neptune is a town without mercy, as it presents various instances of persons taking revenge for past sufferings. It also describes other episodes of the TV series entitled “Shut Up, Sane Veronica—I'm in Charge Now!” and “Do You Not Instinctively Fear Me?”. (shrink)

What is justice? -- What is law? -- Judicial justice.

ABSTRACT Discourse analysis has been widely applied to the study of environmental communication, highlighting how language is used to reflect and affect our attitudes towards the natural world. The potential of discourse analysis to ‘reveal’ the values that people attribute to nature has recently been recognized in the context of environmental debates. This paper takes a new cross-disciplinary approach to the analysis of evaluation, combining a discourse approach and insights from environmental philosophy and environmental policy to address the following main (...) questions: Which values of nature may be embedded in discourse about nature? To what extent are these values represented in people’s narratives about trees and woodland in the U.K.? What are the implications of the findings for the critical analysis of evaluative discourse? What are the implications of the findings for environmental organizations? The analysis is applied to a sample of 514 woodland narratives collected by the U.K. charitable environmental organization Woodland Trust in 2016. The study highlights new critical perspectives that may be gained from the analysis of evaluative discourse and the importance of considering and fostering people’s affective relationship with the natural world in building a strong basis for environmental action. (shrink)

For the theorists of crisis, the revolutionary state comes into existence through violence, and due to its inability to provide an authoritative katechon (restrainer) against internal and external violence, it perpetuates violence until it self-destructs. Writing during extreme economic depression and growing social and political violence, the crisis theorists––Joseph de Maistre, Juan Donoso Cortés, and Carl Schmitt––each sought to blame the chaos of their time upon the Janus-faced postrevolutionary ideals of liberalism and socialism by urging a return to pre-revolutionary moral (...) and religious values. They are united by three counterrevolutionary principles, all of which are purported to remedy revolutionary violence: traditional constitutional fidelity, the philosophy of the decision, and opposition to bourgeois liberalism. This essay is followed by the first complete English translation and publication of Donoso’s letter of October 24, 1851, which contains Donoso’s only reference to the “discussing class,” a political entity later popularized by Schmitt in his 1922 work Political Theology. (shrink)

In saying this he had reference to practical activities such as medicine and law . In these the practitioner is in constant contact with the facts of life ...

" William Herbert Page, Harvard Law Review 36:115-117 cited in Marke, A Catalogue of the Law Collection at New York University (1953) 922.

In much of the current academic and public discussion, conspiracy theories are portrayed as a negative phenomenon, linked to misinformation, mistrust in experts and institutions, and political propaganda. Rather surprisingly, however, philosophers working on this topic have been reluctant to incorporate a negatively evaluative aspect when either analyzing or engineering the concept conspiracy theory. In this paper, we present empirical data on the nature of the concept conspiracy theory from five studies designed to test the existence, prevalence and exact form (...) of an evaluative dimension to the ordinary concept conspiracy theory. These results reveal that, while there is a descriptive concept of conspiracy theory, the predominant use of conspiracy theory is deeply evaluative, encoding information about epistemic deficiency and often also derogatory and disparaging information. On the basis of these results, we present a new strategy for engineering conspiracy theory to promote theoretical investigations and institutional discussions of this phenomenon. We argue for engineering conspiracy theory to encode an epistemic evaluation, and to introduce a descriptive expression—such as ‘conspiratorial explanation’—to refer to the purely descriptive concept conspiracy theory. (shrink)

Ever since its first documented live birth in 2014, the use of uterine transplantation (UTx) for the treatment of absolute uterine factor infertility (UFI) has seen major clinical advances, which include the use of alternative surgical approaches, different donor states, and diverse patient populations. In addition to the thorough research programs that developed the technique, this accomplishment has occurred in large part following a number of ethical frameworks, such as the Montreal Criteria and the Indianapolis Consensus, which paved the way (...) to transition from experimental animal trials to human ones. To date, over 60 uterine transplants have been performed in the world, and at least 18 births have been thus far confirmed. While the procedure remains experimental, the vast knowledge and procedural experience amassed over the last 20 years of rigorous research have hinted at the next step of discovery. In particular, advancing social circumstances have prompted the question regarding the use of this technology in transgender individuals. Though the potential use of uterine transplants in the transgender population has been hypothesized, no in‐depth ethical framework has been developed towards this purpose. Herein, we explore the ethical issues revolving around the use of this technology in this patient population and provide key insights that may advance this cause. (shrink)

An evolutionary psychological perspective drawing on sexual selection theory can better explain sex differences in aggression and violence than can social constructionist theories. Moreover, there is accumulating evidence that, in accordance with predictions derived from sexual selection theory, men modulate their willingness to engage in risky and violent confrontations in response to cues to fitness variance and future prospects.