This article explores aggravated and exemplary damages in terms of their structure. It argues that the awards are distinguishable and once they have been appropriately analysed it can be seen that aggravated damages have a secure foundation in the private law and are importantly different from other compensatory awards. The article then argues that many of the reasons given in favour of exemplary damages are not consistent with the structure of that award. The article concludes by insisting that exemplary damages (...) should be abolished as they are in serious tension with the nature of civil liability. (shrink)

The account of marriage Kant presents in the Rechtslehre strikes most readers as cold, legalistic and obsessed with sex. It seems to ignore at least nearly all of the morally valuable aspects of marriage. Consequently, most have felt that this is a feature of Kant 's theory best ignored. Against this view, this article argues that Kant 's focus is appropriate, that his understanding of marriage is much more romantic than is commonly thought and that it presents a thought-provoking alternative (...) to the picture of marriage found in the modern law. (shrink)

520 "Allan Beever lays the foundation for a timely philosophical and empirical study of the nature of law with a detailed examination of the structure of evolving law through declaratory speech acts. This engaging book demonstrates both how law itself is achieved and also its ability to generate rights, duties, obligations, permissions and powers. Structured into three distinct parts - the philosophy of law and jurisprudence, the structure of the social word and the ontology of law, and the (...) reconstruction of the philosophy of law - the author provides insight into law as a human institution and reveals that central debates are often based on misunderstandings of interpretation and intentionality. Inspired by the philosophy of John Searle alongside other well-respected legal theorists, the author also analyses both sides of the mainstream jurisprudential divide in its current state, in particular the theory of legal positivism. Examining all aspects of law and answering the important question of 'What is Law?', this book will be an invaluable resource for academics and advanced students in law schools and philosophy departments. (shrink)

Challenging the assumptions of modern political and legal philosophy, this book presents a historical account of the development of thinking about justice and political obligations.

It is sometimes argued that tort law is, or ought to be understood as, a system of personal responsibility and corrective justice. Moreover, it is often assumed that these notions are identical, or at least compatible. In fact, however, personal responsibility and corrective justice are very different concepts and they produce very different pictures of the law. The article demonstrates this by comparing the way in which personal responsibility and corrective justice deal with three important problems: the presence of non-subjective (...) standards in the law, the place of liability insurance, and the relationship between law and politics. (shrink)

This article examines the declaratory theory of law and defends it from the most prominent modern attack on it. It explains that the real declaratory theory is not the caricature of it criticized in modern writing and that, in fact, the theory properly understood is remarkably close to the position adopted by some of the theory’s most notable opponents. The article further examines the common law’s continuing commitment to the declaratory theory, a commitment that remains strong despite the considerable hostility (...) of the academy. It explains that this commitment reflects the nature of the common law. (shrink)

This book examines some of the deepest questions in philosophy: What is involved in judging a belief, action, or feeling to be rational?

The goal of this project is to argue for ethics as a necessary component of the institutional health. The authors offer an epidemiology of ethics for a large, metropolitan, very-high-research-activity university in the U.S. Where epidemiology of a pandemic looks at quantifiable data on infection and exposure rates, control, and broad implications for public health, an epidemiology of ethics looks to parallel data on those same themes. Their hypothesis is that knowing more about how undergraduates are exposed to ethics will (...) help us understand to what extent they are infected with interest in ethics literacy, and potentially what immunity they develop against unethical and unprofessional conduct. These data also tell a story about the ethical health of institutions: to what extent its members are empowered to cultivate a culture of ethics and inoculated against ethical missteps. The authors argue that pro-ethics inoculation at research institutions is shaped by issues of complexity, connotation, and collaboration. These issues make assessment of where ethics is taught all the more difficult. The methodology used in this project can readily be taken up by other institutions, with much to be learned from inter-institutional comparisons about the distribution of ethics across the curriculum and within the disciplines. (shrink)

The first major publication in English on the bamboo slips excavated from a late fourth century B.C. Chu-state tomb at Guodian, Hubei, in 1993. The slip texts include both Daoist and Confucian works, many previously unknown. Thie monograph is a full account of the international conference held on these texts, at which leading scholars from China, the United States, Europe, and Japan analyzed the Laozi materials and a previously unknown cosmological text. In addition, the contents include nine essays on topics (...) such as the archaeological background of the discovery, conservation of the slip-texts, and the relation of the Guodian Laozi materials to the received Laozi text. An annotated edition of the Guodian Laozi materials and the cosmological text are included, as well as a critical bibliography with summary of Chinese scholarship on the Guodian texts in the year following the conference. (shrink)

In this surprising book, Allan V. Horwitz argues that our current conceptions of mental illness as a disease fit only a small number of serious psychological conditions and that most conditions currently regarded as mental illness are cultural constructions, normal reactions to stressful social circumstances, or simply forms of deviant behavior.

Choices can be wise or foolish, and feelings can be apt or off the mark. So we judge, and it would be good to know what content these normative judgements carry. Gibbard offers an answer, and elaborates it. His theory explores what is at issue in narrowly moral questions, and in questions of rational thought and conduct in general.

Chapter 1: Introduction to Social Work Values and Ethics -- Chapter 2: Managing Ethical Issues -- Chapter 3: Social Justice -- Chapter 4: Client Autonomy, Self-Determination, and Informed Consent -- Chapter 5: Privacy, Confidentiality, and Exceptions -- Chapter 6: Professional Competence, Incompetence, and Impairment -- Chapter 7: Cultural Competence, Humility, Awareness, and Responsiveness -- Chapter 8: Professional Boundaries, Dual Relationships, and Conflicts of Interest -- Chapter 9: Responsibilities in Practice Settings -- Chapter 10: Access to Services -- Chapter 11: Honesty (...) and Integrity -- Chapter 12: Social Work Accountability and Regulation -- Chapter 13: Risk-Benefit Management -- Chapter 14: Conclusion. (shrink)

In Experiment, Right or Wrong, Allan Franklin continues his investigation of the history and philosophy of experiment presented in his previous book, The Neglect of Experiment. Using a combination of case studies and philosophical readings of those studies, Franklin again addresses two important questions: (1) What role does and should experiment play in the choice between competing theories and in the confirmation or refutation of theories and hypotheses? (2) How do we come to believe reasonably in experimental results? Experiment, (...) Right or Wrong makes a significant contribution to an important area in contemporary history and philosophy of science. Philosophers and historians of science, physicists, and advanced students in these areas will find much of interest in this engaging study. (shrink)

As far back as we know, there have been individuals incapacitated by memories that have filled them with sadness and remorse, fright and horror, or a sense of irreparable loss. Only recently, however, have people tormented with such recollections been diagnosed as suffering from "post-traumatic stress disorder." Here Allan Young traces this malady, particularly as it is suffered by Vietnam veterans, to its beginnings in the emergence of ideas about the unconscious mind and to earlier manifestations of traumatic memory (...) like shell shock or traumatic hysteria. In Young's view, PTSD is not a timeless or universal phenomenon newly discovered. Rather, it is a "harmony of illusions," a cultural product gradually put together by the practices, technologies, and narratives with which it is diagnosed, studied, and treated and by the various interests, institutions, and moral arguments mobilizing these efforts. This book is part history and part ethnography, and it includes a detailed account of everyday life in the treatment of Vietnam veterans with PTSD. To illustrate his points, Young presents a number of fascinating transcripts of the group therapy and diagnostic sessions that he observed firsthand over a period of two years. Through his comments and the transcripts themselves, the reader becomes familiar with the individual hospital personnel and clients and their struggle to make sense of life after a tragic war. One observes that everyone on the unit is heavily invested in the PTSD diagnosis: boundaries between therapist and patient are as unclear as were the distinctions between victim and victimizer in the jungles of Southeast Asia. (shrink)

I argue that vagueness produces counterexamples to modus tollens. I begin by outlining cases where indicative and counterfactual conditionals seem intuitively to be determinate even when their antecedents are borderline and their consequents are determinately false. Accepting these intuitions has some revisionary implications; however, rejecting them leads to unacceptable consequences for our knowledge of conditionals. I thus take it that we should accept that our intuitions are reliable. I show it follows that modus tollens fails. I conclude by defending this (...) consequence from some objections. (shrink)

The nature and role of the patient in biomedicine comprise issues central to bioethical inquiry. Given its developmental history grounded firmly in a backlash against 20th-century cases of egregious human subjects abuse, contemporary medical bioethics has come to rely on a fundamental assumption: the unit of care is the autonomous self-directing patient. In this article we examine first the structure of the feminist social critique of autonomy. Then we show that a parallel argument can be made against relational autonomy as (...) well, demonstrating how this second concept of autonomy fails to take sufficiently into account an array of biological determinants, particularly those from microbial biology. Finally, in light of this biological critique, we question whether or to what extent any relevant and meaningful view of autonomy can be recovered in the contemporary landscape of bioethics. (shrink)

This book claims that Aristotle followed an aspect theory of predication.

Abstract: I argue that practically all vague language is context-sensitive in a covert and unfamiliar way. I first outline a novel puzzle concerning the interaction of conditionals and vagueness. I then argue that the best way of resolving the puzzle is through positing context-sensitive penumbral connections between sundry parts of language. I argue that these penumbral connections shift through a distinct form of Lewisian accommodation. The upshot is that meaning is a far shiftier thing than has typically been thought.

This book provides the reader with a detailed and captivating account of the story where, for the first time, physicists ventured into proposing a new force of nature beyond the four known ones - the electromagnetic, weak and strong forces, and gravitation - based entirely on the reanalysis of existing experimental data. Back in 1986, Ephraim Fischbach, Sam Aronson, Carrick Talmadge and their collaborators proposed a modification of Newton's Law of universal gravitation. Underlying this proposal were three tantalizing pieces of (...) evidence: 1) an energy dependence of the CP (particle-antiparticle and reflection symmetry) parameters, 2) differences between the measurements of G, the universal gravitational constant, in laboratories and in mineshafts, and 3) a reanalysis of the Eötvos experiment, which had previously been used to show that the gravitational mass of an object and its inertia mass were equal to approximately one part in a billion. The reanalysis revealed that, contrary to Galileo's position, the force of gravity was in fact very slightly different for different substances. The resulting Fifth Force hypothesis included this composition dependence and also added a small distance dependence to the inverse-square gravitational force. Over the next four years numerous experiments were performed to test the hypothesis. By 1990 there was overwhelming evidence that the Fifth Force, as initially proposed, did not exist. This book discusses how the Fifth Force hypothesis came to be proposed and how it went on to become a showcase of discovery, pursuit and justification in modern physics, prior to its demise. In this new and significantly expanded edition, the material from the first edition is complemented by two essays, one containing Fischbach's personal reminiscences of the proposal, and a second on the ongoing history and impact of the Fifth Force hypothesis from 1990 to the present. <. (shrink)

This volume offers a general introduction to the field of semantics and provides coverage of the main perspectives.

This paper argues that the practical reach and ethical impact of the One Health paradigm is conditional on satisfactorily distinguishing between interconnected and interdependent factors among human, non-human, and environmental health. Interconnection does not entail interdependence. Offering examples of interconnections and interdependence in the context of existing One Health literature, we demonstrate that the conversations about One Health do not yet sufficiently differentiate between those concepts. They tend to either ignore such distinctions or embrace bioethically untenable positions. We conclude that (...) careful conceptual differentiation can prevent One Health stakeholders either from overreaching or under-reaching the practical and ethical boundaries of this developing paradigm. (shrink)

The Covid‐19 crisis has underscored the importance of the collection and analysis of clinical and research data and specimens for ongoing work. The federal government recently completed a related revision of the human subjects research regulations, founded in the traditional principles of research ethics, but in this commentary, we argue that the analysis underpinning this revision overemphasized the importance of informed consent, given the low risks of secondary research. Governing the interests of a community is different from governing the interests (...) of individuals, and here we suggest that, moving forward, the analyses of the risks of secondary research protocols be assessed from the perspective of the former. (shrink)

In this ground-breaking work, Allan Combs presents a wide-ranging survey of the nature and origins of consciousness research, viewing consciousness as a dynamic and self-organizing process with evolutionary potential. Combs reviews the work of evolutionary theorists such as Pierre Teilhard de Chardin, Ken Wilber, Jean Gebser, and Sri Aurobindo. What emerges is a fascinating study of consciousness that discloses itself as a rich and ongoing act of self-creation, poised at the edge of chaos between past and future.

In these three Tanner lectures, distinguished ethical theorist Allan Gibbard explores the nature of normative thought and the bases of ethics. In the first lecture he explores the role of intuitions in moral thinking and offers a way of thinking about the intuitive method of moral inquiry that both places this activity within the natural world and makes sense of it as an indispensable part of our lives as planners. In the second and third lectures he takes up the (...) kind of substantive ethical inquiry he has described in the first lecture, asking how we might live together on terms that none of us could reasonably reject. Since working at cross purposes loses fruits that might stem from cooperation, he argues, any consistent ethos that meets this test would be, in a crucial way, utilitarian. It would reconcile our individual aims to establish, in Kant's phrase, a "kingdom of ends." The volume also contains an introduction by Barry Stroud, the volume editor, critiques by Michael Bratman (Stanford University), John Broome (Oxford University), and F. M. Kamm (Harvard University), and Gibbard's responses. (shrink)

For Malraux, modernity in art is not only about modern art; it is also about the birth of what he aptly terms “the first universal world of art.” This event was a consequence of the process of metamorphosis which is central to Malraux’s account of the relationship between art and time. The article explains this event, noting also that modern aesthetics has not provided an explanation.

In Film and Phenomenology, Allan Casebier develops a theory of representation first indicated in the writings of the father of phenomenology, Edmund Husserl, and then applies it to the case of cinematic representation. This work provides one of the clearest expositions of Husserl's highly influential but often obscure thought. It also demonstrates the power of phenomenology to illuminate the experience of the art form unique to the twentieth-century cinema. Film and Phenomenology is intended as an antidote to all hitherto (...) existing theories about the nature of cinematic representation, whether issuing from classic sources such as the film theory of Andre Bazin or the post-structuralist synthesis of Lacanian psychoanalysis, Barthesian textual analysis and Metzean cine-semiotics. Casebier shows how a phenomenological account of representation will further the aims of any film theory. Developing a viable feminist film theory, legitimizing the documentary, answering the challenge of Derridean deconstruction, properly theorizing narrativity, Film and Phenomenology argues that theory of film must be Realist both with respect to epistemology and ontological issues. In this way, this work runs contrary to the whole course of contemporary film theory which has been deeply anti-Realist. (shrink)

An important goal of teaching ethics to engineering students is to enhance their ability to make well-reasoned ethical decisions in their engineering practice: a goal in line with the stated ethical codes of professional engineering organizations. While engineering educators have explored a wide range of methodologies for teaching ethics, a satisfying model for developing ethical reasoning skills has not been adopted broadly. In this paper we argue that a principlist-based approach to ethical reasoning is uniquely suited to engineering ethics education. (...) Reflexive Principlism is an approach to ethical decision-making that focuses on internalizing a reflective and iterative process of specification, balancing, and justification of four core ethical principles in the context of specific cases. In engineering, that approach provides structure to ethical reasoning while allowing the flexibility for adaptation to varying contexts through specification. Reflexive Principlism integrates well with the prevalent and familiar methodologies of reasoning within the engineering disciplines as well as with the goals of engineering ethics education. (shrink)

This handbook by Allan Harkness will give you a variety of practical and creative ideas for making time with God a significant part of your life. You don't need any special qualifications. Are you ready to grow?

Close-up insights on how experts in the field are re-interpreting ethical principles to create workable policies for today and tomorrow, from the creators of ...

本书是美国著名汉学家艾兰女士研究中国早期哲学思想中的本喻的新著,其切入点非常独特、方法新颖、具有创造性,对国内中国哲学思想史的研究会有积极的推动作用。.

Reflections on the life and works of Scotus -- The early works of Scotus -- Duns Scotus at Oxford -- A Scotistic approach to the ultimate why-question -- God's knowledge : a study in Scotistic methodology -- William of Alnwick on Scotus and divine concurrence -- Scotus on the origin of possibility -- Scotus's lectures on the Immaculate Conception -- Scotus's ethics -- Scotus's eschatology : some reflections -- Scotism -- An Oxford dialogue on language and metaphysics -- Ockham and (...) the textbooks -- Ockham's conception of matter. (shrink)