'...a 'must read' for all students of constitutional law, whatever their academic discipline...this excellent book accomplishes the author's purpose: it forces us to take textualism seriously.'-LEGAL STUDIES FORUM.

(1996). Centrifugal states and Centripetal Courts: Early state reaction to European Court of Justice (1958–1994) and U.S. Supreme Court (1789–1860) The European Legacy: Vol. 1, Fourth International Conference of the International Society for the study of European Ideas, pp. 703-709.

The ability to engage in and recognize pretend play begins around 18 months. A major challenge for theories of pretense is explaining how children are able to engage in pretense, and how they are able to recognize pretense in others. According to one major account, the metarepresentational theory, young children possess both production and recognition abilities because they possess the mental state concept, PRETEND. According to a more recent rival account, the Behavioral theory, young children are behaviorists about pretense, and (...) only produce and recognize pretense as a sort of behavior--namely, behaving 'as-if'. We review both the metarepresentational and Behavioral accounts and argue that the Behavioral theory fails to characterize very young children's abilities to produce and to recognize pretense. Among other problems, the Behavioral theory implies that children should frequently mis-recognize regular behavior as pretense, while certain regular forms of pretend play should neither be produced nor recognized. Like other mental states, pretense eludes purely behavioral description. The metarepresentational theory does not suffer these problems and provides a better account of children's pretense. 2016 APA, all rights reserved). (shrink)

American Academy of Pediatrics (AAP) and American College of Medical Genetics (ACMG) recently provided two recommendations about predictive genetic testing of children. The Clinical Sequencing Exploratory Research Consortium's Pediatrics Working Group compared these recommendations, focusing on operational and ethical issues specific to decision making for children. Content analysis of the statements addresses two issues: (1) how these recommendations characterize and analyze locus of decision making, as well as the risks and benefits of testing, and (2) whether the guidelines conflict or (...) come to different but compatible conclusions because they consider different testing scenarios. These statements differ in ethically significant ways. AAP/ACMG analyzes risks and benefits using best interests of the child and recommends that, absent ameliorative interventions available during childhood, clinicians should generally decline to order testing. Parents authorize focused tests. ACMG analyzes risks and benefits using the interests of the child and other family members and recommends that sequencing results be examined for additional variants that can lead to ameliorative interventions, regardless of age, which laboratories should report to clinicians who should contextualize the results. Parents must accept additional analysis. The ethical arguments in these statements appear to be in tension with each other. (shrink)

Young children’s failures in reasoning about beliefs and desires, and especially about false beliefs, have been much studied. However, there are few accounts of successful belief-desire reasoning in older children or adults. An exception to this is a model in which belief attribution is treated as a process wherein an inhibitory system selects the most likely content for the belief to be attributed from amongst several competing contents [Leslie, A. M., & Polizzi, P. (1998). Developmental Science, 1, 247–254]. We (...) tested this model with an ‘avoidance false belief task’ in which subjects predict the behavior of a character, who wants to avoid an object but who is mistaken about which of three locations it is in. The task has two equally correct answers—in seeking to avoid the location where she mistakenly believes the object to be, the character might equally go to the location where the object actually is, or to the remaining empty location. However, the model predicts that subjects will prefer one of these answers, selecting the object’s actual location over the empty location. This bias was confirmed in a series of five experiments with children aged between 4 and 8 years of age. A sixth experiment ruled out two rival explanations for children’s biased responding. Two further experiments found the opposite bias in adults. These findings support one selection model as an account of belief-desire reasoning in children, and suggest that a different model is needed for adults. The process of selecting contents for mental state attributions shows a developmental shift between 8 years of age and adulthood. (shrink)

Controversies surrounding the determination of death by neurologic criteria (DNC), also known as brain death, have become increasingly common over the last decade, occasionally leading to parental refusal of all or part of an evaluation or declaration of DNC. We performed a prospective, crosssectional study of pediatric neurologists and intensivists who participate in professional listservs to ascertain perspectives and practices concerning the evaluation of DNC, specifically on obtaining permission for evaluations and managing refusals. Of the 334 respondents who had performed (...) an evaluation for DNC, 35 percent reported they had experienced at least one parental refusal, and 64.4 percent reported that they did not seek permission to perform an evaluation. Pediatric neurologists, careproviders who had less experience doing evaluations, and careproviders who had experienced parental refusal of an evaluation were more likely to obtain permission from parents. Most (80.8 percent) of respondents reported that their institution had a DNC policy. We found variability in many aspects of DNC evaluations and declarations, as well as the handling of refusals. Lack of consistency may make it more difficult for careproviders and families. Greater understanding of parental refusal of DNC evaluation is essential to inform efforts to increase consistency. (shrink)

Laurence Goldstein gives a straightforward and lively account of some of the central themes of Wittgenstein's writings on meaning, mind, and mathematics.

Women have historically been prevented from living autonomously by systematic injustice, subordination, and oppression. The lingering effects of these practices have prompted many feminists to view autonomy with suspicion. Here, Marilyn Friedman defends the ideal of feminist autonomy. In her eyes, behavior is autonomous if it accords with the wants, cares, values, or commitments that the actor has reaffirmed and is able to sustain in the face of opposition. By her account, autonomy is socially grounded yet also individualizing and (...) sometimes socially disruptive, qualities that can be ultimately advantageous for women. Friedman applies the concept of autonomy to domains of special interest to women. She defends the importance of autonomy in romantic love, considers how social institutions should respond to women who choose to remain in abusive relationships, and argues that liberal societies should tolerate minority cultural practices that violate women's rights so long as the women in question have chosen autonomously to live according to those practices. (shrink)

Excellence in sport performance is normally taken to be a matter of superior performance of physical movements or quantitative outcomes of movements. This paper considers whether a wider conception can be afforded by certain kinds of nature based sport. The interplay between technical skill and aesthetic experience in nature based sports is explored, and the extent to which it contributes to a distinction between different sport-based approaches to natural environments. The potential for aesthetic appreciation of environmental engagement is found to (...) be strongly dependent on whether or not environmental engagement is exploited for the end of producing a quantifiable result or enhancing technical skill. It is also argued that an existential rather than spectatorial attitude to aesthetic experience is offered by specifically nature oriented sport. Aesthetic experience achieved in this way is therefore neither passive nor detached, but extends Berleant's concept of participatory environmental aesthetics and underpins both an alternate (wide) conception of excellence in sport activity and a richer experience of aesthetic engagement than more objectivised standpoints. (shrink)

Ducks lay eggs' is a true sentence, and `ducks are female' is a false one. Similarly, `mosquitoes carry the West Nile virus' is obviously true, whereas `mosquitoes don't carry the West Nile virus' is patently false. This is so despite the egg-laying ducks' being a subset of the female ones and despite the number of mosquitoes that don't carry the virus being ninety-nine times the number that do. Puzzling facts such as these have made generic sentences defy adequate semantic treatment. (...) However complex the truth conditions of generics appear to be, though, young children grasp generics more quickly and readily than seemingly simpler quantifiers such as `all' and `some'. I present an account of generics that not only illuminates the strange truth conditions of generics, but also explains how young children find them so comparatively easy to acquire. I then argue that generics give voice to our most cognitively primitive generalizations and that this hypothesis accounts for a variety of facts ranging from acquisition patterns to cross-linguistic data concerning the phonological articulation of operators. I go on to develop an account of the nature of these cognitively fundamental generalizations and argue that this account explains the strange truth-conditional behavior of generics. (shrink)

This Book Incorporates Prof. Friedman S Lectures And Discussions That Were A Part Of The Inter-Cultural Dialogue At Many Levels. His Major Contribution Is In Developing An Approach That Is Within The Framework Of The Human Image.

One of the first books to address what has come to be known as the philosophy of cosmology, Universes asks, "Why does the universe exist?", arguing that the universe is "fine tuned for producing life." For example, if the universe's early expansion speed had been smaller by one part in a million, then it would have recollapsed rapidly; with an equivalently tiny speed increase, no galaxies would have formed. Either way, this universe would have been lifeless.

In this paper, I defend Rudolf Carnap's Principle of Tolerance from an accusation, due to Michael Friedman, that it is self-defeating by prejudicing any debate towards the logically stronger theory. In particular, Friedman attempts to show that Carnap's reconstruction of the debate between classicists and intuitionists over the foundations of mathematics in his book The Logical Syntax of Language, is biased towards the classical standpoint since the metalanguage he constructs to adjudicate between the rival positions is fully classical. (...) I argue that this criticism is mistaken on two counts: (1) it fails to fully appreciate the freedom with regard to the construction of linguistic frameworks that Carnap intended his Principle to embody, and (2) Friedman's objection underestimates the extent to which the evaluation of a framework is task-relative. I conclude that Tolerance is not self-undermining in the way that Friedman claims it is. While this is a restricted conclusion -- and is not a vindication of Carnap's views on logic and mathematics tout court -- it nonetheless suggests that his tolerant perspective has been dismissed too quickly, even by his supporters. (shrink)

In this new book, Michael Friedman argues that Kant's continuing efforts to find a metaphysics that could provide a foundation for the sciences is of the utmost ...

This research addresses the question of whether men and women in sales differ in their ethical attitudes and decision making. The study asked 209 subjects to respond to 20 ethical scenarios, half of which were "relational" and half "non-relational." The study concludes (1) that there are significant ethical differences between the sexes in situations that involve relational issues, but not in non-relational situations, and (2) that gender-based ethical differences change with age and years of experience. The implications of these finding (...) for sales organizations are discussed. (shrink)

Leslie Stephen (1832–1904) was a writer, philosopher and literary critic whose work was published widely in the nineteenth century. As a young man Stephen was ordained deacon, but he later became agnostic and much of his work reflects his interest in challenging popular religion. This two-volume work, first published in 1876, is no exception: it focuses on the eighteenth-century deist controversy and its effects, as well as the reactions to what Stephen saw as a revolution in thought. Comprehensive and (...) full of detailed analysis, this is an important work in the history of ideas. Volume 2 focuses on eighteenth-century moral philosophy, political philosophy and literature, and on the literary and religious reactions to the revolution in thought. Utilitarianism is discussed at length, as well as the work of thinkers such as Shaftesbury, Mandeville, Burke and Adam Smith. (shrink)

Rooted in the field of cathedral studies, this paper draws into dialogue three bodies of knowledge: Edward Bailey’s notion of implicit religion that, among other things, highlights the continuing traction of the Christian tradition and Christian practice within secular societies; David Walker’s notion of the multiple ways through which in secular societies people may relate to the Christian tradition as embodied within the Anglican Church and John Fisher’s notion of spiritual wellbeing as conceptualised in relational terms. Against this conceptual background, (...) this paper draws on data provided by 1234 participants attending one of the Christmas Eve carol services in Liverpool Cathedral to explore the perceived impact of attendance on the spiritual health of people who do not believe in God and yet feel that Liverpool Cathedral is their cathedral, and it is this sense of belonging that brings them back at Christmas time.Contribution: Situated within the science of cathedral studies, this paper links in an original way three fields of discourse: Edward Bailey’s notion of implicit religion, David Walker’s notion of the four ways of belonging to God facilitated by the Anglican Church and John Fisher’s conceptualisation and operationalisation of the notion of spiritual wellbeing. The hypothesis developed from this original integration of theoretical perspectives is then tested empirically on data provided by 404 participants at carol services who do not believe in God. (shrink)

Kant's original version of transcendental philosophy took both Euclidean geometry and the Newtonian laws of motion to be synthetic a priori constitutive principles—which, from Kant's point of view, function as necessary presuppositions for applying our fundamental concepts of space, time, matter, and motion to our sensible experience of the natural world. Although Kant had very good reasons to view the principles in question as having such a constitutively a priori role, we now know, in the wake of Einstein's work, that (...) they are not in fact a priori in the stronger sense of being fixed necessary conditions for all human experience in general, eternally valid once and for all. And it is for precisely this reason that Kant's original version of transcendental philosophy must now be either rejected entirely or radically reconceived. Most philosophy of science since Einstein has taken the former route: the dominant view in logical empiricism, for example, was that the Kantian synthetic a priori had to be rejected once and for all in the light of the general theory of relativity. (shrink)

Over three previous editions, Ten Theories of Human Nature has been a remarkably popular introduction to some of the most influential developments in Western and Eastern thought. This thoroughly revised fourth edition features substantial new chapters on Aristotle and on evolutionary theories of human nature; the latter centers on Edward O. Wilson but also outlines the ideas of Emile Durkheim, B. F. Skinner, Nikolaas Tinbergen, Konrad Lorenz, Noam Chomsky, and recent evolutionary psychology. This edition also includes a rewritten introduction that (...) invites readers (even if inclined toward fundamentalism, or to cultural relativism) to careful, critical thought about human nature; a useful new section that summarizes the history of ideas from the Stoics to the Enlightenment; and a new conclusion that suggests a way to synthesize the various theories. Lucid and accessible, Ten Theories of Human Nature, 4/e, compresses into a small space the essence of such ancient traditions as Confucianism, Hinduism, and the Old and New Testaments as well as the theories of Plato, Immanuel Kant, Karl Marx, Sigmund Freud, and Jean-Paul Sartre. The authors juxtapose the ideas of these and other thinkers and traditions in a way that helps readers understand how humanity has struggled to comprehend its nature. To encourage readers to think critically for themselves and to underscore the similarities and differences between the many theories, the book examines each one on four points--the nature of the universe, the nature of humanity, the diagnosis of the ills of humanity, and the proposed cure for these problems. Ideal for introductory courses in human nature, philosophy, religious studies, and intellectual history, Ten Theories of Human Nature, 4/e, will engage and motivate students and other readers to consider how we can understand and improve both ourselves and human society. (shrink)

Quantum mechanics and probability theory share one peculiarity. Both have well established mathematical formalisms, yet both are subject to controversy about the meaning and interpretation of their basic concepts. Since probability plays a fundamental role in QM, the conceptual problems of one theory can affect the other. We first classify the interpretations of probability into three major classes: inferential probability, ensemble probability, and propensity. Class is the basis of inductive logic; deals with the frequencies of events in repeatable experiments; describes (...) a form of causality that is weaker than determinism. An important, but neglected, paper by P. Humphreys demonstrated that propensity must differ mathematically, as well as conceptually, from probability, but he did not develop a theory of propensity. Such a theory is developed in this paper. Propensity theory shares many, but not all, of the axioms of probability theory. As a consequence, propensity supports the Law of Large Numbers from probability theory, but does not support Bayes theorem. Although there are particular problems within QM to which any of the classes of probability may be applied, it is argued that the intrinsic quantum probabilities are most naturally interpreted as quantum propensities. This does not alter the familiar statistical interpretation of QM. But the interpretation of quantum states as representing knowledge is untenable. Examples show that a density matrix fails to represent knowledge. (shrink)

there are mathematical statements that cannot be proved or refuted using the usual axioms and rules of inference of mathematics.

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)

Martin Buber: The Life of Dialogue , the first study in any language to provide a complete overview of Buber's thought, remains the definitive guide to the full range of his work and the starting point for all modern Buber scholarship. As well as summarizing Buber's early intellectual development and attitudes - his mysticism, his youthful existentialism, his philosophy of Judaism and religious socialism - it focuses on the two crucial issues of his mature thought: his dialogic or I-Thou philosophy, (...) and his probing of the nature and redemption of evil. As a sensitive, intuitive and perennially fascinating account of one of the twentieth century's great spiritual teachers, and as an influential classic in its own right, Martin Buber: The Life of Dialogue reveals the implications of Buber's thought for theory of knowledge, education, philosophy, myth, history and Judaic and Christian belief. This fully revised and expanded 4th edition includes a new preface from the author, an expanded bibliography incorporating new Buber scholarship, and two new appendices in the form of essays on Buber's influence on Emmanuel Levinas and Mikhail Bakhtin. (shrink)

This paper presents a direction for narrative ethics based on ethical ideas found in the works of Michel Foucault. Narrative ethics is understood here at the meta-level of cultural discourse to see how the moral subject is constituted by the discursive practices that structure the contemporary debate on reproductive technologies. At this level it becomes meta-narrative-ethics. After a theoretical discussion, this paper uses two literary narratives representing the polarized views in the debate to show how the moral subject may be (...) compelled to relate to its self. Ethics is redefined as Foucauldian rapport à soi, and ethical analysis, at this meta-level, shows how the moral self is intimately connected to cultural discourse. (shrink)

The idea of 'holiness' is central to religion, but it is also one of the hardest concepts to define. Is 'holiness' a synonym for Godliness, one of God's attributes, or does it have independent existence? What does it mean to say that both God and man are holy? What is the proper understanding of 'Be holy, because I the Lord your God am holy'? A Theology of Holiness analyzes the meaning of the Hebrew root k-d-sh from ancient sources, throughout Tanakh, (...) the Talmud, Rashi, Maimonides, Nachmanides, Rabbi Samson Raphael Hirsch, and Rabbi Joseph B. Soloveitchik. Ultimately, it is a work of theology, and helps the reader achieve a deeper understanding of holiness"--Page 4 of cover. (shrink)

Chapter One The Karaite Community of Jerusalem in the Tenth and Eleventh Centuries: Background and Development A time of intellectual change The eighth and ninth centuries were a time of great political and intellectual change for Jews ...

The Great Divide in metaphysical debates about laws of nature is between Humeans, who think that laws merely describe the distribution of matter, and non-Humeans, who think that laws govern it. The metaphysics can place demands on the proper formulations of physical theories. It is sometimes assumed that the governing view requires a fundamental / intrinsic direction of time: to govern, laws must be dynamical, producing later states of the world from earlier ones, in accord with the fundamental direction of (...) time in the universe. In this paper, we propose a minimal primitivism about laws of nature (MinP) according to which there is no such requirement. On our view, laws govern by constraining the physical possibilities. Our view captures the essence of the governing view without taking on extraneous commitments about the direction of time or dynamic production. Moreover, as a version of primitivism, our view requires no reduction / analysis of laws in terms of universals, powers, or dispositions. Our view accommodates several potential candidates for fundamental laws, including the principle of least action, the Past Hypothesis, the Einstein equation of general relativity, and even controversial examples found in the Wheeler-Feynman theory of electrodynamics and retrocausal theories of quantum mechanics. By understanding governing as constraining, non-Humeans who accept MinP have the same freedom to contemplate a wide variety of candidate fundamental laws as Humeans do. (shrink)

Bohmian mechanics and the Ghirardi-Rimini-Weber theory provide opposite resolutions of the quantum measurement problem: the former postulates additional variables (the particle positions) besides the wave function, whereas the latter implements spontaneous collapses of the wave function by a nonlinear and stochastic modification of Schrödinger's equation. Still, both theories, when understood appropriately, share the following structure: They are ultimately not about wave functions but about 'matter' moving in space, represented by either particle trajectories, fields on space-time, or a discrete set of (...) space-time points. The role of the wave function then is to govern the motion of the matter. (shrink)

There has been considerable debate in the literature as to whether work in experimental philosophy actually makes any significant contribution to philosophy. One stated view is that many X-Phi projects, notwithstanding their focus on topics relevant to philosophy, contribute little to philosophical thought. Instead, it has been claimed the contribution they make appears to be to cognitive science. In contrast to this view, here we argue that at least one approach to X-Phi makes a contribution which parallels, and also extends, (...) historically salient forms of philosophical analysis, especially contributions from Immanuel Kant, William James, Peter F. Strawson and Thomas Nagel. The framework elaborated here synthesizes philosophical theory with empirical evidence from psychology and neuroscience and applies it to three perennial philosophical problems. According to this account, the origin of these three problems can be illuminated by viewing them as arising from a tension between two distinct types of cognition, each of which is associated with anatomically independent and functionally inhibitory neural networks. If the parallel we draw, between an empirical project and historically highly influential examples of philosophical analysis, is viewed as convincing, it follows that work in the cognitive sciences can contribute directly to philosophy. Further, this conclusion holds whether the empirical details of the account are correct or not. (shrink)