... dedicated to the timely publication of new work in metaphysics, broadly construed.

P. KOnig: Einleitung - P. ZIche: Idiographik und allgemeine Wissenschaftlichkeit - Windelband und die Wissenschaftsreflexion um 1900 - G. HArtung: Ein Philosoph korrigiert sich selbst - Wilhelm Windelbands Abkehr vom Relativismus - O. SChlaudt: Philosophie am Leitfaden der Empirie. WIndelbands relativistisches Programm - S. KUft: Windelbands Konzeption von Transzendentalphilosophie und ihr Bezug zur Kulturphilosophie - R. BOnito Oliva: Windelband. KUlturphilosophie und Kulturkrise - P. KOnig: Teleologie und Geschichte bei Wilhelm Windelband - J. BOhr: Im Fortschreiben der Probleme: Windelbands 19. JAhrhundert (...) - T.-H. CHang: Der Wertbegriff beiWilhelm Windelband und sein Konzept der Problemgeschichte - T. KUbalica: Die Geschichte der Philosophie als Problemgeschichte - J. MEhlich: Windelbands Praludien und das Silberne Zeitalter in Russland - G. SChluter: Windelbands italienische Kontakte und Bezugnahmen - D. STefanelli: Notizen uber Karl Vossler und die "Sudwestdeutsche Schule" - C. ZAnfi: Geschichte, Natur und Leben: Windelband und Bergson in der Historismus-Debatte - J.-I. LIndén: Der beseelte Geist: Dilthey als Kritiker der badischen Schule - H. GUndlach: Windelbands Ringen mit der Psychologie - Anhang: Wilhelm Windelband: Blaue Hefte zur Psychologie. (shrink)

In the Transcendental Aesthetic (TA), Kant is typically held to make negative assertations about “things in themselves,” namely that they are not spatial or temporal. These negative assertions stand behind the “neglected alternative” problem for Kant’s transcendental idealism. According to this problem, Kant may be entitled to assert that spatio-temporality is a subjective element of our cognition, but he cannot rule out that it may also be a feature of the objective world. In this paper, I show in a new (...) way how Kant’s view (focusing on his conclusions about space) is not subject to this objection, by showing that he does not make the denial about mind-independent reality that he is typically held to make. The argument develops consequences of a new reading of Kant’s expression “an sich selbst” (‘in itself’; ‘in themselves’). I argue that “an sich selbst” or “per se” has a special, judgment-level role, so that this expression does not form new noun-terms adjectivally. It follows that the conceptual unit of Kant’s “Conclusions” in the TA is simply “things” (Dinge), since “things in themselves” is not a nominal expression; Kant adopts the Wolffian ontological use of “thing” as the basic kind-term for any existent. The arguments that things per se are not in space are arguments that space cannot be a necessary property or relations of things as a kind. I show that this does not involve the positive claim about mind-independent reality that inspires the neglected alternative objection. (shrink)

While the idea of philosophy as conceptual analysis has attracted many adherents and undergone a number of variations, in general it suffers from an authority problem with two dimensions. First, it is unclear why the analysis of a concept should have objective authority: why explicating what we mean should express how things are. Second, conceptual analysis seems to lack intersubjective authority: why philosophical analysis should apply to more than a parochial group of individuals. I argue that Hegel’s conception of social (...) ontology, focused on his concept of “ethical life” (Sittlichkeit), helps to explain how concepts (and their explication) have both objective and intersubjective authority in the social domain. Hegel claims that modern institutions are the product of self-conscious purposes, so that they are conceptually constituted. Concepts do not just represent these objects and so depend on a contingent relation to them. As many contemporary social ontologists agree, this means that our concepts of these institutions are uniquely epistemically “transparent.” They have objective authority. Concepts have intersubjective authority in the modern world as well, according to Hegel. However, I show that this feature of Hegel’s account does not rely on the solution to a philosophical problem. Rather, since the concepts of modern ethical life are “essentially contested,” their content depends on the practical and political agreement of modern subjects. This means that concepts can only have objective authority if some prior intersubjective agreement has been reached. The role of philosophy as conceptual analysis is thus importantly dependent on political developments. (shrink)

Book reviewed in this article: Madness and the Criminal Law. By Norval Morris. The Insanity Plea: The Uses and Abuses of the Insanity Defense. By William J. Winslade and Judith Wilson Ross.

The model of clinical ethics consultation (CEC) defended in the ASBH Core Competencies report has gained significant traction among scholars and healthcare providers. On this model, the aim of CEC is to facilitate deliberative reflection and thereby resolve conflicts and clarify value uncertainty by invoking and pursuing a process of consensus building. It is central to the model that the facilitated consensus falls within a range of allowable options, defined by societal values: prevailing legal requirements, widely endorsed organizational policies, and (...) professional standards of practice and codes of conduct. Moreover, the model stipulates that ethics consultants must refrain from giving substantive recommendations regarding how parties to a moral disagreement in the clinic should evaluate their options. We argue that this model of CEC is incomplete, because it wrongly assumes that what counts as the proper set of allowable options among which the parties are to deliberate will itself always be clearly discernible. We illustrate this problem with a recent case on which one of us consulted—a neonate born with trisomy 18 (T18). We try to show that law, policy, and standards of practice reveal no clear answer to the question posed by the case: namely, whether forgoing gastrostomy tube feedings for a baby with T18 is allowable. We suggest there may be other kinds of cases in which it may simply be unsettled whether a given choice falls within the set of allowable options within which consensus is to be facilitated. What should an ethicist do when confronting such unsettled cases? We agree with the facilitation model that an ethicist should remain neutral among the allowable options, when it is clear what the allowable options are. But, in unsettled cases, the role of a consultant should be expanded to include a process of moral inquiry into what the allowable options should be. We end by raising the issue of whether this means an ethicist should share his or her own conclusions or views about the allowability of a given clinical option. (shrink)

ABSTRACT There is a fierce debate about nonsmokers-only hiring policies, also referred to as no-nicotine hiring policies and “tobacco free” hiring policies. The favorable outcomes of no-nicotine hiring policies include reduced health costs, improved worker productivity, enhanced organizational image, and symbolic messaging. The unfavorable consequences of such policies include violating personal liberty, risking a “slippery slope” to other health-compromising behaviors, exacerbating socio-economic disparities, and discriminating against smokers. No-nicotine hiring policies have not been adequately evaluated and a new approach is warranted. (...) The new conditional employment policy for smokers is described with stipulations for the probationary period. Autonomy and fairness are frequently cited as ethical principles to analyze no-nicotine hiring policies. An analysis of ethical principles is presented for no-nicotine hiring policies and the new conditional employment policy. The ethical principle of fairness is rooted in the effectiveness of any policy. Therefore, an evaluation plan is described for the conditional employment policy to assess effectiveness and efficiency. The proposed policy provides a powerful incentive to overcome smoking addictions, preserve the ethical principles of autonomy and fairness, as well as bridge the divide between personal liberty and personal responsibility. (shrink)

In recent years, religious studies has undergone an ethnographic turn. More and more, scholars attend to the social location and significance of religious practice. This approach foregrounds the self-understandings of religious communities and practitioners and raises the question of the relation between ethnography and philosophical analysis. For instance, Saba Mahmood, in The Politics of Piety, draws from ethnographic study so as to critique philosophy’s universalizing claims regarding subjectivity, enabling a recognition of the diverse forms feminist subjectivity and political agency may (...) take within religious traditions and practice.2 Jeffrey Stout’s Blessed are the Organized likewise shifts the terrain of .. (shrink)

If within the borders of human life the truth is, as Vico has said, what is made, then the task of a student of human life can be and should be to find out from what human beings have made what manner of makers they are and what sorts of production their circumstance allows.

In terms of medical science and legal responsibility, the sleep disorder category of parasomnias, chiefly REM sleep behavior disorder and somnambulism, pose an enigmatic dilemma. During an episode of parasomnia, individuals are neither awake nor aware, but their actions appear conscious. As these actions move beyond the innocuous, such as eating and blurting out embarrassing information, and enter the realm of rape and homicide, their degree of importance and relevance increases exponentially. Parasomnias that result in illegal activity, particularly violence, are (...) puzzling phenomena for medicine and the law. Via a review of the pertinent medical literature, a general overview of the current scientific knowledge of parasomnias will be provided. Though this knowledge is far from complete, it can provide some neurobiological information about the nature of parasomnia, including conclusions about a sleepwalker’s level of intention as well as factors that predispose one to such episodes. Although a parasomniac’s complete lack of consciousness warrants acquittal from criminal liability, it does not exclude responsibility for subjecting oneself to exacerbating factors that result in these violent parasomnias. Individuals should be held accountable if they could be expected to control these factors. In addition, they should undergo appropriate treatment and management in order to prevent future parasomnia behaviors. Establishing a legal defense for parasomnia will prove difficult due to the strong potential for malingering, so specific criteria will be outlined in order to distinguish between true and fraudulent claims of crimes committed during parasomniac states. (shrink)

In this comment I discuss the role of an ethics case consultant in an institutional setting, in contrast to situations when an ethics consultant serves an individual client. In the former situation, I believe the case consultant should articulate ethical issues, options, and arguments, but not recommend a particular course of conduct. In the latter situation, the role of the ethics consultant can be defined and determined in negotiations with the client.

We believe that clinical ethics consultants (CECs) should offer advice, options, and recommendations to attending physicians and their teams. In their article in this issue of The Journal of Clinical Ethics, however, Kornfeld and Prager give CECs a somewhat different role. The CEC they describe may at times be more aptly understood as a medical interventionist who appropriates the roles of the attending physician and the medical team than as a traditional CEC. In these remarks, we distinguish the role of (...) the CEC from that of the physician, in contrast to some of these authors’ recommendations, which confuse the two roles. (shrink)

This book is about the ethical issues that clinicians encounter as they care for patients and is written to assist those who serve on hospital ethics committees as they deliberate about appropriate action in difficult ethical cases.

Einleitung, von A. Ruge.--Die prinzipien der logik, von W. Windelband.--Prinzipien der logik, von J. Royce.--Die prinzipien der logik, von L. Couturat.--Die aufgabe der logik, von B. Croce.--Die probleme der logik, von F. Enriques.--Die umgestaltung der bewusstseinsbegriffes in der modernen erkenntnistheorie und ihre bedeutung für die logik, von N. Losskij.

1. bd. Was ist philosophie? Über Sokrates. Zum gedächtnis Spinozas. Immanuel Kant. Nach hundert jahren. Aus Goethes philosophie. Goethes Faust und die philosophie der renaissance. Schillers transszendentaler idealismus. Über Friedrich Hölderlin und sein geschick. Die erneuerung des Hegelianismus.--2. bd. Über die gegenwärtige lage und aufgabe der philosophie. Über denken und nachdenken. Normen und naturgesetze. Kritische oder genetische methode? Geschichte und naturwissenschaft. Vom prinzip der moral. Pessimismus und wissenschaft. Über wesen und wert der tradition im kulturleben. Bildungsschichten und kultureinheit. Kulturphilosophie und (...) transszendentaler idealismus. Das heilige. Sub specie aeternitatis. (shrink)

L'Afrique se propose de lutter de façon efficace pour la réduction de la pauvreté. La pauvreté en Afrique est certainement matérielle, mais elle est aussi spirituelle. Autant elle est dépourvue des moyens de vivre à la mesure de sa population, autant elle semble manquer de ressort spirituel capable de lui permettre d'assumer de façon responsable son destin. La réduction de la pauvreté matérielle passe par la réduction de la pauvreté spirituelle. Et cette dernière passe par la redécouverte des richesses de (...) l'esprit et de la manière dont ces richesses ont aidé dans le passé et peuvent encore aider dans le présent à prendre en charge le devenir de l'Afrique. Les auteurs voudraient instaurer et explorer un de fondements essentiels de la Renaissance africaine : l'histoire des idées dans l'Afrique traditionnelle. Aussi le présent ouvrage se fixe-t-il pour tâche de présenter les principes, les démarches et une application de cette discipline à la fois ancienne et, dans le contexte de l'Afrique traditionnelle, inédite. (shrink)

John H. Evans’s views on the multiple roles of healthcare ethics consultants are based on his claim that bioethics is a “distinct profession” that has a “system of abstract knowledge.” This response to Professor Evans disputes both of his claims. It is argued that clinical ethicists are consultants but not professionals. Their roles as consultants require more than one abstract form of knowledge (principlism). Instead, clinical ethicists rely upon a variety of ethical perspectives and other skills to help resolve conflicts (...) and facilitate healthcare decisions and policy making, whether it is in clinical, research, policy, or organizational contexts. The credibility and effectiveness of clinical ethicists depend upon their knowledge of ethics, their practical experience, and personal abilities, not one form of abstract knowledge. (shrink)

Persons who commit crimes involving sexual abuse of children exploit their victims in several ways. Sex offenders use their power and authority over vulnerable children to whom they have easy access. Teachers, coaches, clergy, family members and childcare workers have been exposed as sex offenders. The Pennsylvania State University football coach, Jerry Sandusky, is now in prison for his many crimes. The widespread cover up of sexual abuse by Catholic priests in the USA and other countries is a horrendous scandal. (...) It is not surprising that law enforcement, mental health professionals, victims and their families are outraged. It is no surprise that radical interventions such as chemical or surgical castration are a response to the public pressure to protect children from molestation.I agree with Professor John McMillan's thoughtful discussion and nuanced analysis of surgical castration.1i He concludes that surgical castration of sex offenders is ethically permissible if these conditions are met: Castration should be requested by the sex offender. Informed consent from a competent sex offender is required. Consent to castration must not be coerced via threats or inducements.He also says that “castration might be useful for the reconfiguring of a life that has gone badly awry.”To supplement his discussion I will describe a state law in Texas2 that permits voluntary surgical castration for repeat child molesters while they are incarcerated as …. (shrink)

Final Theses freely available via Open Access.

This book, a reevaluation of a major issue in modern philosophy, explores the controversy that grew out of John Locke's suggestion, in the Essay Concerning Human Understanding (1690), that God could give to matter the power of thought.

Persons who experience severe brain injury often suffer significant disorders of consciousness. Anoxic injuries from cardiac arrest or strokes and traumatic injuries from falls, vehicular crashes, or assaults can result in several conditions in which patients lose or have diminished consciousness for an extended period of time. Two such conditions that create considerable public confusion and controversy are the vegetative state and the minimally conscious state. Although these conditions have generated significant medical and academic research, the general public and policymakers (...) are often confused about the nature of VS and MCS. The most recent evidence for this confusion is the acrimonious public debate, the extensive media coverage, the prolonged litigation, and the attempts of various governmental officials to intervene in dealing with the plight of Terri Schiavo. (shrink)

Book reviewed in this article: Sex, Drugs, Death and the Law: An Essay on Human Rights and Overcriminalization. By David A. J. Richards. Totowa, NJ: Rowman and Littlefield, 1982. xii + 316 pp. $26.95.