This selection of the major works of constitutional theory during the Weimar period reflects the reactions of legal scholars to a state in permanent crisis, a society in which all bets were off. Yet the Weimar Republic's brief experiment in constitutionalism laid the groundwork for the postwar Federal Republic, and today its lessons can be of use to states throughout the world. Weimar legal theory is a key to understanding the experience of nations turning from traditional, religious, or command-and-control forms (...) of legitimation to the rule of law. Only two of these authors, Hans Kelsen and Carl Schmitt, have been published to any extent in English, but they and the others whose writings are translated here played key roles in the political and constitutional struggles of the Weimar Republic. Critical introductions to all the theorists and commentaries on their works have been provided by experts from Austria, Canada, Germany, and the United States. In their general introduction, the editors place the Weimar debate in the context of the history and politics of the Weimar Republic and the struggle for constitutionalism in Germany. This critical scrutiny of the Weimar jurisprudence of crisis offers an invaluable overview of the perils and promise of constitutional development in states that lack an entrenched tradition of constitutionalism. (shrink)

To examine the ethical duty to patients and families in the setting of the resuscitation bay, we address a case with a focus on providing optimal care and communication to family members. We present a case of nonsurvivable traumatic injury in a minor, focusing on how allowing family more time at the bedside impacts the quality of death and what duty exists to maintain an emotionally optimal environment for family grieving and acceptance. Our analysis proposes tenets for patient and family-centric (...) care that, in alignment with trauma-informed care principles, optimize the long-term well-being of the family, namely valuing family desires and sensitivity to location. (shrink)

The American presidential election of 2000 was perhaps the most remarkable, and in many ways the most unsettling, that the country has yet experienced. The millennial election raised fundamental questions not only about American democracy, but also about the nation's constitution and about the legitimate role of American courts, state and federal, and in particular about the United States Supreme Court. _The Longest Night _presents a lively and informed reaction to the legal aftermath of the election by the most prominent (...) experts on the subject. With a balance of opposing views—including those of some of the most distinguished foreign commentators writing on the subject today—the contributors present an unusual breadth of perspectives in addressing the judicial, institutional, and political questions involved in the disputed election. Their commentaries bring the confusion and frenzy of the event into clear focus and lay the groundwork for an essential public debate that is sure to continue well into the future._ _The Longest Night _contains a thorough chronology of the events in Florida, a detailed account of the institutional structure of American presidential elections, a series of analyses both criticizing and defending the decisions in _Bush v. Gore, _American perspectives on the Florida struggle and America's electoral system, and a debate on maintaining or reforming the electoral college. The authors include participants in the legal and political battles surrounding the Florida election, foreigners charged with monitoring and supervising elections, and scholars from many disciplines specializing in constitutionalism, democracy, and American election law. _Contributors__. (shrink)

The interdisciplinary relevance of Spinoza today.

Drawing from Benjamin's and Scholem's ideas on messianism, language, and divine justice, this book traces the intellectual exchange through the early decades of the twentieth century—from Berlin, Bern, and Munich in the throws of war and revolution to Scholem's departure for Palestine in 1923. It begins with a close reading of Benjamin's early writings and a study of Scholem's theological politics, followed by an examination of Benjamin's proposals on language and the influence these ideas had on Scholem's scholarship on Jewish (...) mysticism. From there the book turns to their ideas on divine justice—from Benjamin's critique of original sin and violence to Scholem's application of the categories to the prophets and Bolshevism. Metaphysics of the Profane is the first book to make this early period available to a wider audience, revealing the intricate structure of this early intellectual partnership on politics and theology. (shrink)

an anarchist critique of Bolshevism, drawing on Walter Benjamin. The translation and commentary published as "Theories of Justice, Profane and Prophetic: Gershom Scholem on the Bolshevik Revolution" in Gershom Scholem: In memoriam, Vol. 2, Jerusalem Studies in Jewish Thought, 21, 2007.

"More than any thing else technology creates our world. It creates our wealth, our economy, our very way of being," says W. Brian Arthur. Yet, until now the major questions of technology have gone unanswered. Where do new technologies come from -- how exactly does invention work? What constitutes innovation, and how is it achieved? Why are certain regions -- Cambridge, England, in the 1920s and Silicon Valley today -- hotbeds of innovation, while others languish? Does technology, like biological (...) life, evolve? How do new industries, and the economy itself, emerge from technologies? In this groundbreaking work, pioneering technology thinker and economist W. Brian Arthur sets forth a boldly original way of thinking about technology that gives answers to these questions. The Nature of Technology is an elegant and powerful theory of technology's origins and evolution. It achieves for the progress of technology what Thomas Kuhn's The Structure of Scientific Revolutions did for scientific progress. Arthur explains how transformative new technologies arise and how innovation really works. Conventional thinking ascribes the invention of technologies to "thinking outside the box," or vaguely to genius or creativity, but Arthur shows that such explanations are inadequate. Rather, technologies are put together from pieces -- themselves technologies -- that already exist. Technologies therefore share common ancestries and combine, morph, and combine again to create further technologies. Technology evolves much as a coral reef builds itself from activities of small organisms -- it creates itself from itself; all technologies are descended from earlier technologies. Drawing on a wealth of examples, from historical inventions to the high-tech wonders of today, and writing in wonder fully engaging and clear prose, Arthur takes us on a mind-opening journey that will change the way we think about technology and how it structures our lives. (shrink)

This book examines the hypothesis of "direct compositionality", which requires that semantic interpretation proceed in tandem with syntactic combination. Although associated with the dominant view in formal semantics of the 1970s and 1980s, the feasibility of direct compositionality remained unsettled, and more recently the discussion as to whether or not this view can be maintained has receded. The syntax-semantics interaction is now often seen as a process in which the syntax builds representations which, at the abstract level of logical form, (...) are sent for interpretation to the semantics component of the language faculty. In the first extended discussion of the hypothesis of direct compositionality for twenty years, this book considers whether its abandonment might have been premature and whether in fact direct compositionality is not after all a simpler and more effective conception of the grammar than the conventional account of the syntax-semantics interface in generative grammar. It contains contributions from both sides of the debate, locates the debate in the setting of a variety of formal theories, and draws on examples from a range of languages and a range of empirical phenomena. (shrink)

Michael Williams and Keith DeRose defend their different versions of contextualism on the grounds that contextualism gives a better account of the ordinary use of epistemic terms than invariantist competitors. One aim of this paper is to explain why their arguments do not succeed. A further aim is to show that the dispute between contextualists and invariantists portrayed by Williams and DeRose is a narrow interpretation of the dispute: there are important contextualist and invariantist positions which fall outside the scope (...) of their arguments and which a full defense of contextualism should consider. (shrink)

Contemporary health care often lacks generosity of spirit, even when treatment is most efficient. Too many patients are left unhappy with how they are treated, and too many medical professionals feel estranged from the calling that drew them to medicine. Arthur W. Frank tells the stories of ill people, doctors, and nurses who are restoring generosity to medicine--generosity toward others and to themselves. The Renewal of Generosity evokes medicine as the face-to-face encounter that comes before and after diagnostics, pharmaceuticals, (...) and surgeries. Frank calls upon the Roman emperor Marcus Aurelius, philosopher Emmanuel Levinas, and literary critic Mikhail Bakhtin to reflect on stories of ill people, doctors, and nurses who transform demoralized medicine into caring relationships. He presents their stories as a source of consolation for both ill and professional alike and as an impetus to changing medical systems. Frank shows how generosity is being renewed through dialogue that is more than the exchange of information. Dialogue is an ethic and an ideal for people on both sides of the medical encounter who want to offer more to those they meet and who want their own lives enriched in the process. The Renewal of Generosity views illness and medical work with grace and compassion, making an invaluable contribution to expanding our vision of suffering and healing. (shrink)

The question of whether conscious experience is restricted by cognitive access and exhausted by report, or whether it overflows it—comprising more information than can be reported—is hotly debated. Recently, we provided evidence in favor of Overflow, showing that observers discriminated the color‐diversity (CD) of letters in an array, while their working‐memory and attention were dedicated to encoding and reporting a set of cued letters. An alternative interpretation is that CD‐discriminations do not entail conscious experience of the underlying colors. Here we (...) argue, based on conceptual considerations and consistency with neuroscience and phenomenology, in favor of the Overflow interpretation. (shrink)

In At the Will of the Body , Arthur Frank told the story of his own illnesses, heart attack and cancer. That book ended by describing the existence of a "remission society," whose members all live with some form of illness or disability. The Wounded Storyteller is their collective portrait. Ill people are more than victims of disease or patients of medicine they are wounded storytellers. People tell stories to make sense of their suffering when they turn their diseases (...) into stories, they find healing. Drawing on the work of authors such as Oliver Sacks, Anatole Broyard, Norman Cousins, and Audre Lorde, as well as from people he met during the years he spent among different illness groups, Frank recounts a stirring collection of illness stories, ranging from the well-known--Gilda Radner's battle with ovarian cancer--to the private testimonials of people with cancer, chronic fatigue syndrome, and disabilties. Their stories are more than accounts of personal suffering: they abound with moral choices and point to a social ethic. Frank identifies three basic narratives of illness in restitution, chaos, and quest. Restitution narratives anticipate getting well again and give prominence to the technology of cure. In chaos narratives, illness seems to stretch on forever, with no respite or redeeming insights. Quest narratives are about finding that insight as illness is transformed into a means for the ill person to become someone new. (shrink)

According to Slote's ``agent-based'' virtue ethics, the rightness orwrongness of an act is determined by the motive it expresses. Thistheory has a problem with cases where an agent can do her duty onlyby expressing some vicious motive and thereby acting wrongly. In sucha situation, an agent can only act wrongly; hence, the theory seemsincompatible with the maxim that `ought' implies `can'. I argue thatSlote's attempt to circumvent this problem by appealing to compatibilism is inadequate. In a wide range of psychologically (...) realistic cases, an agent's effective choice will be between failingto do her duty and doing it from inferior motives. Then anythingshe can do will be wrong, according to the agent-based theory,contrary to the maxim Slote wishes to preserve. (shrink)

The lectures have afforded me an opportunity of developing more fully than in my earlier books the principles of philosophic thought associated with the modern advances of physical science. It is often said that there is no "philosophy of ...

This is the text of The Lindley Lecture for 1962, given by Arthur N. Prior (1914-1969).

Philosophers often call emotions appropriate or inappropriate. What is meant by such talk? In one sense, explicated in this paper, to call an emotion appropriate is to say that the emotion is fitting: it accurately presents its object as having certain evaluative features. For instance, envy might be thought appropriate when one's rival has something good which one lacks. But someone might grant that a circumstance has these features, yet deny that envy is appropriate, on the grounds that it is (...) wrong to be envious. These two senses of `appropriate' have much less in common than philosophers have supposed. Indeed, the distinction between propriety and correctness is crucial to understanding the distinctive role of the emotions in ethics. We argue here that an emotion can be fitting despite being wrong to feel, and that various philosophical arguments are guilty of a systematic error which we term the moralistic fallacy. (shrink)

I am grateful to Donald Ainslie, Lisa Austin, Michael Blake, Abraham Drassinower, David Dyzenhaus, George Fletcher, Robert Gibbs, Louis-Philippe Hodgson, Sari Kisilevsky, Dennis Klimchuk, Christopher Morris, Scott Shapiro, Horacio Spector, Sergio Tenenbaum, Malcolm Thorburn, Ernest Weinrib, Karen Weisman, and the Editors of Philosophy & Public Affairs for comments, and audiences in the UCLA Philosophy Department and Columbia Law School for their questions.

In this acclaimed work, first published in 1986, world-renowned scholar Arthur C. Danto explored the inextricably linked but often misunderstood relationship between art and philosophy. In light of the book's impact--especially the essay "The End of Art," which dramatically announced that art ended in the 1960s--this enhanced edition includes a foreword by Jonathan Gilmore that discusses how scholarship has changed in response to it. Complete with a new bibliography of work on and influenced by Danto's ideas, _The Philosophical Disenfranchisement (...) of Art_ continues to be of interest to anyone who thinks seriously about art, as well as to philosophers, aestheticians, and art historians. (shrink)

Arthur I. Miller is a historian of science whose approach has been strongly influenced by current work in cognitive science, and in this book he shows how the two fields might be fruitfully linked to yield new insights into the creative process.

Schopenhauer argues, in uniquely powerful prose, that self-consciousness gives the illusion of freedom and that human actions are determined, but that we rightly feel guilt because our actions issue from our essential individual character. He locates moral value in the virtues of loving kindness and voluntary justice that spring from the fundamental incentive of compassion. Morality's basis is ultimately metaphysical, resting on an intuitive identification of the self with all other striving and suffering beings. The Introduction by leading Schopenhauer scholar (...) Christopher Janaway gives a clear summary of the argument of the essays in the context of Schopenhauer's life and works and the history of ethics in the modern period. --from publisher description. (shrink)

Few philosophers are as widely read or as widely misunderstood as Friedrich Nietzsche. When Danto's classic study was first published in 1965, many regarded Nietzsche as a brilliant but somewhat erratic thinker. Danto, however, presented a radically different picture, arguing that Nietzsche offered a systematic and coherent philosophy that anticipated many of the questions that define contemporary philosophy. Danto's clear and insightful commentaries helped canonize Nietzsche as a philosopher and continue to illuminate subtleties in Nietzsche's work as well as his (...) immense contributions to the philosophies of science, language, and logic. This new edition, which includes five additional essays, not only further enhances our understanding of Nietzsche's philosophy; it responds to the misunderstandings that continue to muddy his intellectual reputation. Even today, Nietzsche is seen as everything from a precursor of feminism and deconstruction to a prophetic writer and spokesperson for disgruntled teenage boys. As Danto points out in his preface, Nietzsche's writings have purportedly inspired recent acts of violence and school shootings. Danto counters these misreadings by elaborating an anti-Nietzschian philosophy from within Nietzsche's own philosophy "in the hope of disarming the rabid Nietzsche and neutralizing the vivid frightening images that have inspired sociopaths for over a century." The essays also consider specific works by Nietzsche, including _Human, All Too Human_ and _The Genealogy of Morals_, as well as the philosopher's artistic metaphysics and semantical nihilism. (shrink)

Our study considers the governance, ethics and operational challenges associated with the acquisition, manipulation and commodification of ‘big data’ in the financial services sector. To the best of our knowledge, there are no published studies describing empirical research undertaken within companies in this sector to understand how they are responding to such challenges: our field-based research is a significant initial contribution in this respect. We describe the results of a micro-ethnographic study undertaken in a small-to-medium-sized company developing disruptive, technology-related platforms (...) and services in the banking and retail sectors based on big data and associated analytics: these are used to derive commercially valuable insights from personal customer data in exchange for cash back and targeted rewards. The company was found to employ a multi-level innovation governance approach, underpinned by an ethical strategy based on a principle of mutual benefit. Opt-in and informed consent for using data for specific purposes was supported by principles of data minimisation and anonymisation, with unrestricted use of secondary, anonymised and aggregated data to develop insights. Governance, which included contextual data protection legislation, payment-card industry data usage standards and internal corporate controls, presented as bespoke organisational practices relating to data security and privacy. These in total set the governance and ethics frame for big data innovation at the company within which it has had to be both adaptive and responsive under conditions of normative and regulatory uncertainty. (shrink)

This paper consists in an exposition of a proof Newton gave in 1666 of the parallelogram law for compounding velocities, and an examination of its implications for understanding his treatment of motion resulting from a continuously acting force in the Principia. I argue that the “moments” invoked in the fluxional proof of the vector resolution and composition of velocities are “virtual times”, a device allowing Newton to represent motions by the linear displacements produced in such a time; the ratio of (...) velocities at an instant can then be represented by assuming the velocities continue for such a virtual time. By the Method of First and Ultimate Ratios, the first ratio of the velocities is then given by the ratio of such lines, under the presupposition that in the limit they will shrink to zero magnitude. I then argue that the same device is implicit in Newton’s appeal to “moments” or “particles of time” in his proof of Kepler’s Area Law in the “Locke Paper” and in Proposition 1 of Book 1 of the Principia, and that the limiting process involved there is therefore the same as that implicit in the Method of First and Ultimate Ratios. (shrink)

But Findlay's remark, like so much that has been written on the subject of time in the present century, was provoked in the first place by McTaggart's ...

" The essays also consider specific works by Nietzsche, including Human, All Too Humanand The Genealogy of Morals, as well as the philosopher's artistic metaphysics and semantical nihilism.

This book is the first collection of feminist essays on one of the central figures in the history of English-speaking philosophy.

Public engagement in ethically laden pandemic planning decisions may be important for transparency, creating public trust, improving compliance with public health orders, and ultimately, contributing to just outcomes. We conducted focus groups with members of the public to characterize public perceptions about social distancing measures likely to be implemented during a pandemic. Participants expressed concerns about job security and economic strain on families if businesses or school closures are prolonged. They shared opposition to closure of religious organizations, citing the need (...) for shared support and worship during times of crises. Group discussions elicited evidence of community-mindedness, while some also acknowledged strong self-interest. Participants conveyed desire for opportunities for public input and education, and articulated distrust of government. Social distancing measures may be challenging to implement and sustain due to strains on family resources and lack of trust in government. (shrink)

Surveys and extens work that has been done in the past two years on 'tense logic' and is a sequel to the author's book, Time and Modality.