In this paper I reconsider the Roman law on magic through an examination of three key “moments”: the Lex Cornelia de sicariis et veneficiis; the trial of Apuleius as known from his Apology; and a passage from The Opinions of Paulus. I argue that the Roman law on magic grounded in the Lex Cornelia gradually shifted from a focus on harmful and uncanny actions to a concern with religious deviance. This shift was already underway at the time of Apuleius' trial, (...) if only on an ad hoc basis, and was firmly established in the formal discourse of Roman law by ca. 300 CE, the date of The Opinions of Paulus. I argue for the importance of retaining “magic” as a heuristic category, since it is the only term fluid enough to function as an inclusive rubric for this shifting set of concerns. (shrink)

Defining nihilism -- Nietzsche : godfather of nihilism -- Revolution of nihilism -- The uprooted and disinherited -- French nihilism -- Pierre-Joseph Proudhon -- Russian nihilism -- Chernyshevskii : what is to be done? -- Nechayev and the science of destruction -- Tkachev -- Some famous nihilists -- Franz Fanon -- Regis Debray -- Nihilism in Black America.

This Is A New Release Of The Original 1909 Edition.

Chapter The Need for a Theory of Argument Structure. THE STANDARD APPROACH The approach to argument diagramming which we call standard was originated, ...

When, if ever, is one justified in accepting the premises of an argument? What is the proper criterion of premise acceptability? Can the criterion be theoretically or philosophically justified? This is the first book to provide a comprehensive theory of premise acceptability and it answers the questions above from an epistemological approach that the author calls common sense foundationalism. It will be eagerly sought out not just by specialists in informal logic, critical thinking, and argumentation theory but also by a (...) broader range of philosophers and those teaching rhetoric. (shrink)

An approach to argument macrostructure -- The dialectical nature of argument -- Toulmin's problematic notion of warrant -- The linked-convergent distinction, a first approximation -- Argument structure and disciplinary perspective : the linked-convergent versus multiple-co-ordinatively compound distinctions -- The linked-convergent distinction, refining the criterion -- Argument structure and enthymemes -- From analysis to evaluation.

A key question in disability studies, philosophy, and bioethics concerns the relationship between disability and well-being. The mere difference view, endorsed by Elizabeth Barnes, claims that physical and sensory disabilities by themselves do not make a person worse off overall—any negative impacts on welfare are due to social injustice. This article argues that Barnes’s Value Neutral Model does not extend to intellectual disability. Intellectual disability is (1) intrinsically bad—by itself it makes a person worse off, apart from a non-accommodating environment; (...) (2) universally bad—it lowers quality of life for every intellectually disabled person; and (3) globally bad—it reduces a person’s overall well-being. While people with intellectual disabilities are functionally disadvantaged, this does not imply that they are morally inferior—lower quality of life does not mean lesser moral status. No clinical implications concerning disability-based selective abortion, denial of life-saving treatment, or rationing of scarce resources follow from the claim that intellectual disability is bad difference. (shrink)

This paper draws from the turnover and emotions literatures to explore how job embeddedness, in the context of abusive supervision, can impact job frustration, citizenship withdrawal, and employee deviance. Results indicate that employees with abusive supervisors were more likely to be frustrated with their jobs and engage in more deviance behaviors. And yet, the relationship between abusive supervision and job frustration was moderated by job embeddedness such that the relationship was weaker and negative for those higher in job embeddedness and (...) stronger and positive for those lower in job embeddedness. In other words, contrary to our original predictions, individuals who were more embedded in their jobs with an abusive supervisor were actually less likely to experience job frustration or engage deviance behaviors. Important implications for management research and practice are discussed. (shrink)

Among the more significant developments of the twentieth century, the widespread attention given to 'rights issues' must surely justify ranking it somewhere near the top. Never before has the issue of rights attracted such a wide audience or stirred so much controversy. Until very recently 'rights' were traditionally recognized as attributable only to humans. Today, we increasingly are hearing a call to extend 'rights' to the nonhuman animal and, on occasion, to the environment. In this book, James B. Reichmann, (...) S.J., undertakes an investigation of the metaethical grounds of 'rights' theory, with special focus on the controversial issue of whether creatures other than humans can and should be considered true subjects of 'rights.' He contends that before assigning rights to this or that individual or group, whether human or not, we need to be very clear about what it is we are assigning, to whom, and why. The book argues forcefully that the various recent efforts to build a case supporting animal and environmental 'rights' fail in their quest, and that any such effort resting on a Darwinian evolutionary base is likewise condemned to fail. In furtherance of this claim the author first investigates life phenomena, followed by a detailed comparative study of knowing, communicating and doing, as these are observed in the human and the nonhuman animal. This in turn is followed by an overview of diverse views advanced by contemporary environmental ethicists and animal 'rights' advocates, including Peter Singer, Tom Regan, J. Baird Callicott, Laura Westra, and Don E. Marietta, Jr. Representative though doubtless provocative conclusions drawn from this study include the claims that: (1) Classic Darwinian theory provides no admissable premise from which to derive a theory of inherent, inalienable rights. (2) No satisfactory explanation of the origin of rights and obligation can derive save from within the context of natural law theory. (3) The human person alone unqualifiedly possesses rights. (4) The view that vegetarianism is an ethical mandate is neither compatible with the Christian world view, nor philosophically sound. ABOUT THE AUTHOR: James B. Reichmann, S.J., is professor emeritus of philosophy at Seattle University where he continues to teach. (shrink)

Relevance of premises to conclusion can be explicated through Toulmin’s notion of warrant, understood as an inference rule, albeit not necessarily formal. A normative notion of relevance requires the warrant to be reliable. To determine reliability, we propose a fourfold classification of warrants into a priori, empirical, institutional, and evaluative, with further subdivisions possible. This classification has its ancestry in classical rhetoric and recent epistemology. Distinctive to each type of warrant is the mode by which such connections are intuitively discovered (...) and the grounds on which we ultimately justify them. The classification of warrants is thus epistemic. We illustrate the difference by contrasting empirical physical with institutional intuition, and argue for the advantages of this approach over Toulmin’s conception of field dependence. (shrink)

Because the mind is the significance of the brain and God is the significance of the mind, the concept “mind” bridges how the brain works and traditional patterns of belief. The left mind, which utilizes rational vigilance and the imperative instructions of proclamation, names and analyzes the urgently right. The right mind, which discloses the relational responsiveness of numinous presence and natural symbolism, is immersed in and integrates the ultimately real. Together they provide a typology of mind‐states with which to (...) assess regressive, functional, and creative patterns. Hand dominance, gender differences, and cultural bias qualify the use of the metaphor. (shrink)

This study examined how sales managers react to ethical and unethical acts by their salespeople. Deontological considerations and, to a much lesser extent, teleological considerations predicted sales managers' ethical judgments. Sales managers' intentions to reward or discipline ethical or unethical sales force behavior were primarily determined by their ethical judgments. An organization's perceived ethical work climate was not a significant predictor of sales managers' intentions to intervene when ethical and unethical sales force behavior was encountered.

We perceive relevance by virtue of inference habits, which may be expressed as Pierce's leading principles or as Toulmin's warrants. Hence relevance in a descriptive sense is a ternary relation between two statements and a set of inference rules. For a normative sense, the warrants must be properly backed. Different types of warrant to empirical generalizations, we introduce L.J. Cohen's notion of inductive support. A to empirical generalizations, we introduce L.J. Cohen's notion of inductive support. A generalization H is supported (...) by evidence E to degree i/in iff E indicates that H passes canonical test i, where there are n canonical tests. In a canonical test, one or more relevant variables, factors which may falsify H, are varied. H passes a test if it is not falsified. The tests are cumulative. Degree of support is relative to the canonical test, and may be modeled as relative to a point in a dialectical situation. A value of a variable at which H is falsified is a rebutting value. A is normatively relevant to B with respect to W iff sup[associated generalization(W), E] = i/n and for j > i, there is a presumption that the values of j are non-rebuting. (shrink)

The most striking observable feature of our indeterministic quantum universe is the wide range of time, place, and scale on which the deterministic laws of classical physics hold to an excellent approximation. This essay describes how this domain of classical predictability of every day experience emerges from a quantum theory of the universe’s state and dynamics.

As human beings we inevitably try to explain our experience. In philosophical language, we deal with transcendent assertions and aspirations. The issue, then, is: how can we talk about what matters, given the structures inherent in language and basic to the way we are made? Instead of the philosophical category of Being, I advance a case for giving the human brain privileged status as an analogical expression of God, the symbol‐concept of what matters most, and then suggest the illumination which (...) can come with using that analogical expression, especially as that analogy connects us with the environment at the limbic level and constructs our world at the cerebral level. (shrink)

Research shows that a high majority of parents receiving prenatal diagnosis of intellectual disability terminate pregnancy. They have reasons for rejecting a child with intellectual disabilities—these reasons are, most commonly, beliefs about quality of life for it or them. Without a negative evaluation of intellectual disability, their choice makes no sense. Disability-based abortion has been critiqued through virtue ethics for being inconsistent with admirable moral character. Parental selectivity conflicts with the virtue of acceptingness and exhibits the vice of wilfulness. In (...) this paper I claim that, beyond failures of moral virtue, disability abortion often involves failures of epistemic virtue on the part of parents. I argue two things: parents believe something false, or at least contested, about life with intellectual disability—and they do so because they are not epistemically conscientious. I first explain why a central motivation for disability abortion—that it prevents harm to the child—is mistaken. I next give a brief account of intellectual virtue and culpable ignorance. I then indicate why many parents fail to be intellectually virtuous when choosing to terminate pregnancy. I focus on elimination of intellectual disability and have little to say about physical and sensory impairments. (shrink)

As a concept, affordance is integral to scholarly analysis across multiple fields—including media studies, science and technology studies, communication studies, ecological psychology, and design studies among others. Critics, however, rightly point to the following shortcomings: definitional confusion, a false binary in which artifacts either afford or do not, and failure to account for diverse subject-artifact relations. Addressing these critiques, this article demarcates the mechanisms of affordance—as artifacts request, demand, allow, encourage, discourage, and refuse—which take shape through interrelated conditions: perception, dexterity, (...) and cultural and institutional legitimacy. Together, the mechanisms and conditions constitute a dynamic and structurally situated model that addresses how artifacts afford, for whom and under what circumstances. (shrink)

This study examined whether scaffolded lesson study might contribute to the emergence of a shared professional teaching knowledge culture among 4th grade social studies teachers. The study reports findings from a three-year lesson study professional development project that sought to develop professional teaching knowledge for problem-based historical inquiry among participating teachers. Participants included six 4th grade State History teachers from three different schools and three different school systems. Using qualitative data collected during three yearlong lesson study cycles, we present evidence (...) that suggests that lesson study can be used to develop a shared professional teaching knowledge culture among 4th grade social studies teachers. We suggest, however, that a combination of factors might contribute to variations in teachers' participation in that shared professional teaching knowledge culture including the degree to which the teachers embraced the public nature of lesson study. These factors include the teachers' idiosyncratic views of teaching and learning, the teachers' individual tolerance for socially constructing curricula, and the degree to which teachers acceded to cultural obstacles within elementary schooling. (shrink)

In this paper I argue that selective abortion for disability often involves inadequate counselling on the part of reproductive medicine professionals who advise prospective parents. I claim that prenatal disability clinicians often fail in intellectual duty—they are culpably ignorant about intellectual disability. First, I explain why a standard motivation for selective abortion is flawed. Second, I summarize recent research on parent experience with prenatal professionals. Third, I outline the notions of epistemic excellence and deficiency. Fourth, I defend culpable ignorance as (...) the best explanation of inadequate disability counselling. Fifth, I rebut alternative explanations. My focus is pregnancies diagnosed with mild or moderate intellectual disability. (shrink)

. The human brain combines empathy and imagination via the old brain which sets our destiny in the evolutionary scheme of things. This new understanding of cognition is an emergent phenomenon—basically an expressive ordering of reality as part of “a single natural system.” The holographic and subsymbolic paradigms suggest that we live in a contextual universe, one which we create and yet one in which we are required to adapt. The inadequacy of the new brain—specially the left hemisphere's rational view (...) of destiny—is replaced by a view of a new relatedness in reality in which human destiny comes from and depends upon the mutual interchange between the new brain and the old brain for the survival of what is significant to the whole systemic context in which we live. (shrink)

In a priori analogies, the analogue is constructed in imagination, sharing certain properties with the primary subject. The analogue has some further property clearly consequent on those shared properties. Ceteris paribus the primary subject has that property also. The warrant involves non-empirical, e.g., moral intuition but is also defeasible. The argument is thus neither deductive nor inductive, but an additional type. In an inductive analogy, the analogues back the warrant from below. Distinguishing these two types of arguments by analogy gives (...) epistemic evaluative factors primacy over resemblance factors in classifying arguments—a prescient insight on Govier’s part. (shrink)

Our typology is based on two ground adequacy factors, one logical and one epistemic. Logically, the step from premises to conclusion may be conclusive or only ceteris paribus. Epistemically, warrants may be backed a priori or a posteriori. Hence there are four types of arguments: conclusive a priori, defeasible a priori, defeasible a posteriori, and prima facie conclusive a posteriori. We shall give an example of each and compare our scheme with other typologies.

Many in the informal logic tradition distinguish convergent from linked argument structure. The pragma-dialectical tradition distinguishes multiple from co-ordinatively compound argumentation. Although these two distinctions may appear to coincide, constituting only a terminological difference, we argue that they are distinct, indeed expressing different disciplinary perspectives on argumentation. From a logical point of view, where the primary evaluative issue concerns sufficient strength of support, the unit of analysis is the individual argument, the particular premises put forward to support a given conclusion. (...) Structure is internal to this unit. From a dialectical point of view, where the focus concerns how well a critical discussion comes to a reasoned conclusion of some disputed question, the argumentation need not constitute a single unit of argument. The unit of dialectical analysis will be the entire argumentation made up of these several arguments. The multiple/co-ordinatively compound distinction is dialectical, while the linked/convergent distinction is logical. Keeping these two pairs of distinctions separate allows us to see certain attempts to characterize convergent versus linked arguments as rather characterizing multiple versus co-ordinatively compound arguments, in particular attempts of Thomas, Nolt, and Yanal, and to resolve straightforwardly conflicts, tensions, or anomalies in their accounts. Walton's preferred Suspension/Insufficient Proof test to identify linked argument structure correctly identifies co-ordinatively compound structure. His objection to using the concept of relevance to explicate the distinction between linked and convergent structure within co-ordinatively compound argumentation can be met through explicating relevance in terms of inference licenses. His counterexample to the Suspension/No Support test for identifying linked structure which this approach supports can itself be straightforwardly dealt with when the test is explicated through inference licenses. (shrink)

Logical Form, Probability Interpretations, and the Inductive/Deductive Distinction.

Building on the work of Sproule, Fahnestock and Secor, and Kruger, we present a specific typology of statements. In particular, we distinguish broadly logically determinate statements, descriptions, interpretations, and evaluations. We generate this typology through a series of dichotomous divisions of statements. We divide statements first into the broadly logically determinate versus contingent, the contingent into the evaluational versus natural, and the natural into the extensional versus intensional. We show that the rationales for these distinctions are well motivated and philosophically (...) important. In particular, we argue that identifying the type of a statement is relevant to showing whether or not the sources vouching for it render the statement epistemically acceptable. (shrink)

This article examines the occurrence of the phrase dharmaparyāyo hastagato, “having the enumeration of the teaching in one’s hand,” in a select number of texts classified as Mahāyāna sūtras and theorizes its occurrence in relation to the use of the book in the religious cultures of middle period Indian Mahāyāna Buddhism. In recent scholarly discourse, the “cult of the book” in Mahāyāna Buddhist formations has been hypothesized to occur in relation to shrines or not even to have occurred at all. (...) This article suggests an alternative hypothesis. The paper first analyzes the syntax and composition of the terms dharmaparyāya and the participle hastagata as well as their occurrences within Indian Buddhist literature in Indic languages and in Tibetan and Chinese translations. The paper then identifies the occurrence of the phrase dharmaparyāyo hastagato in a select number of Mahāyāna sūtras and relates this phrase to an observable gradual process of bibliofication, a process where texts increasingly reference themselves as protective objects, that is detectable in the layers of accretion found within the comparative analysis of extant manuscripts. Based on this analysis, the paper concludes that the “cult of the book,” rather than being a stable or local cult phenomena, was comprised of highly mobile and translocal textual communities who carried their object of veneration with them. (shrink)

Drawing on a broad range of case studies, the contributors to Terrestrial Transformations explore the political and economic forces entangled in environmental and ecological problems and look at humanity's future in light of climate change and existing environmental problems.

Dialectical Situations and Argument Analysis.

The human experience of meaning‐making lies at the roots of consciousness, creativity, and religious faith. It arises from the basic experience of separation from a loved object, suffered by all mammals, and, in general terms, from the experienced gap between ourselves and our environment. We fill the gap with transitional objects and symbols that reassure us of basic continuity in ourselves and in the world. These objects and symbols also serve the neurognostic function of demonstrating what the world is like. (...) Thus, humanity lives by faith, as manifested in its pattern‐making capacity, and not by literal sight. (shrink)

The sixteenth-century philosopher Jacopo Zabarella stands near the end of the long Aristotelian dominance of western academic philosophy. Yet, despite the fact that Aristotelianism was soon to be overwhelmed by other currents of thought, Zabarella’s influence on western thought would continue into at least the nineteenth century, and he still provides useful discussions relevant to today’s Aristotle scholars. In what follows, I discuss the existence and essence of matter, and show how Zabarella argues for his claims. What is especially notable (...) about the existence and essence of matter as a topic is that matter is clearly at the center of his well-known interest concerning the nature of scientific methodology. (shrink)

The Covid-19 pandemic provides a real-world context for evaluating the fairness of disability-based rationing of scarce medical resources. I discuss three situations clinicians may face: rationing based on disability itself; rationing based on inevitable disability-related comorbidities; and rationing based on preventable disability-related comorbidities. I defend three conclusions. First, in a just distribution, extraneous factors do not influence a person’s share. This rules out rationing based on disability alone, where no comorbidities decrease a person’s capacity to benefit from treatment. Second, in (...) a just distribution, undeserved luck does not influence a person’s share. This rules out rationing for biologically caused comorbidities that decrease capacity to benefit. Third, in a just distribution, social injustice does not influence a person’s share. This rules out rationing for socially caused comorbidities that decrease capacity to benefit. (shrink)

We argue that Cohen’s concept of inductive or ampliative probability facilitates proper explication of sufficient strength for non-demonstrative arguments conforming to the Toulmin model. The data and claims of such arguments are singular statements. We may epistemically classify the warrants of such arguments as empirical (either physical or personal), institutional, or evaluative. Backing evidence and rebutting considerations vary with the epistemic type of warrant, but in each case the notion of ampliative probability for arguments with warrants of that type can (...) be characterized. We may then use ampliative probability to define sufficient strength and related notions for Toulmin arguments. (shrink)

The teachings of Madhyamaka have been the basis of Tibetan Buddhist thought and practice since the eighth century. After the twelfth century, Tibetan scholars distinguished two branches of Madhyamaka: Autonomist and Consequentialist. What distinctions in Madhyamaka thought and practice did twelfth century Tibetan scholars make to differentiate these two branches? This article focuses upon a newly identified twelfth century Tibetan manuscript on Madhyamaka from the Collected Works of the Kadampas: Khu lo tsā ba’s Treatise. Khu lo tsā ba, also known (...) as Khu ston Mdo sde ’bar, was a contemporary of Jayānanda and Pa tshab Lo tsā ba Nyi ma grags and instrumental for the revitalized reception of Madhyamaka in twelfth century Tibet. Khu lo tsā ba’s Treatise outlines a multifaceted understanding of Madhyamaka as the work solely focuses upon the distinctions between Autonomist and Consequentialist Mādhyamikas. The paper outlines the structure and content of the Treatise and identifies six topics that the author emphasizes to distinguish Autonomist and Consequentialist branches of Madhyamaka. Based on an overview of these topics, the paper concludes that the Autonomist/Consequentialist distinction of Madhyamaka was already well developed in twelfth century Tibet and involved a differential of systems that encompassed much more than distinct styles of logical proof. (shrink)

The specification of specific and often unique fates to individual cells as a function of their position within a developing organism is a fundamental process during the development of multicellular organisms. The development of the Drosophila embryonic central nervous system serves as an excellent model system in which to clarify the developmental mechanisms that link pattern formation to cell-type specification. The Drosophila embryonic central nervous system develops from a set of neural stem cells termed neuroblasts. Neuroblasts arise from the ectoderm (...) in an invariant pattern, and each neuroblast acquires a unique fate based on its position within this pattern. Two groups of genes recently have been demonstrated to govern the individual fate specification of neuroblasts. One group, the segment polarity genes, enables neuroblasts that develop in different anteroposterior positions to acquire different fates. The second group, referred to as the columnar genes, ensures that neuroblasts that develop in different dorsoventral domains assume different fates. When integrated, the activities of the segment polarity and columnar genes create a Cartesian coordinate system that bestows unique fates to individual neuroblasts as a function of their position of formation within the ectoderm. BioEssays 1999;21:922–931. © 1999 John Wiley & Sons, Inc. (shrink)

Addresses Christian theological implications of human sexuality. Includes chapter on "Gayness and Homosexuality: Issues for the Church.".

The study of ethical leadership has emerged as an important topic for understanding the effects of leadership in organizations. In a study with 845 working adults across multiple organizations, the relationships between ethical leadership with positive employee outcomes were examined. Results suggest that ethical leadership is related to both psychological well-being and job satisfaction in employees, but the processes are different. Employee voice mediated the relationship between ethical leadership and psychological well-being. Feelings of psychological ownership mediated the relationship between ethical (...) leadership and job satisfaction. A discussion of theoretical and practical implications concludes the article. (shrink)