This article develops the affirmative biopolitics that Roberto Esposito intimates in his trilogy – Communitas, Immunitas and Bı´os. The key to this affirmative biopolitics lies in the relationship between the munus, a form of gift that is the root of communitas and immunitas, and the gift discourse that developed throughout the 20th century. The article expands upon Esposito’s interpretation of four theoretical sources that are crucial to his biopolitical perspective: Mauss and the gift-exchange tradition; Hobbes’s social contract theory, which Esposito (...) presents as the anti-gift that founded modernity’s thanatopolitical ‘immunization paradigm’; Bataille’s dangerous concept of sacrifice, which gestures toward an affirmative biopolitical community; and, finally, Jean-Luc Nancy’s essay, L’Intrus, which reflects on the near-decade Nancy lived as the recipient of the gift of a transplanted heart. This discussion of Mauss, Hobbes and Bataille is used to further develop Esposito’s interpretation of L’Intrus in a manner that supports his conception of an affirmative biopolitics ‘of, not over, life’. (shrink)

In this essay I will examine the changing historical relationship between two fundamentally modern concepts: self-preservation and self-ownership. These two concepts have served a dual function in modernity. On the one hand, they are crucial parts of the theoretical underpinning of liberalism: the natural law of self-preservation is the foundation of the rational inclination to form civil society (e.g., Hobbes); and self-ownership provides the foundation for the liberal (i.e., Lockean) notion of private property. But on the other hand, these two (...) concepts serve much more than a theoretical purpose; they also perform a duty in what I would like to call, borrowing Foucault's phrase, a modern technology of the self. At this level, the concepts of self-ownership and self-preservation shape individuals to follow certain routines in their behavior, to treat their bodies in specific ways, to organize their time in a particular fashion. In performing these routines, individuals participate in the collection and dissemination of that knowledge of individual bodies and groups of bodies which, as Foucault and Arendt in their different ways revealed, is endemic to modernity. (shrink)

Liberal articulations of the right to die generally focus on balancing individual rights against state interests, but this approach does not take full advantage of the disruptive potential of this contested right. This article develops an alternative to the liberal approach to the right to die by engaging the seemingly discordant philosophical perspectives of Michel Foucault and Thomas Hobbes. Despite Foucault’s objections, a rapprochement between these perspectives is established by focusing on their shared emphasis on the role that death (...) plays in the order of modernity. After the article has established the complementarity of Foucault and Hobbes, Hobbes’ unique stance toward suicide is first viewed in the context of the early-modern hostility toward suicide, and then contrasted with Foucault’s Stoic-inspired affirmation of suicide. This comparison of these two philosophers’ positions on suicide opens to contestation dimensions of modern subjects that remain undisturbed by liberal approaches to the right to die Key Words: bio-power • Michel Foucault • governmentality • Thomas Hobbes • liberalism • right to die • self-preservation • Seneca • Stoicism • suicide. (shrink)

The reemergence of the question of suicide in the medical context of physician-assisted suicide seems to me one of the most interesting and fertile facets of late modernity. Aside from the disruption which this issue may cause in the traditional juridical relationship between individuals and the state, it may also help to transform the dominant conception of subjectivity that has been erected upon modernity's medicalized order of death. To enhance this disruptive potential, I am going to examine the perspectives on (...) death offered by two contemporary writers: Zygmunt Bauman and Jean Baudrillard. Each of these writers recognizes the centrality of death to modern culture, as Heidegger did, but they also go beyond him in specifying the ways in which death maintains a presence in late modernity, despite efforts to conceal it. In particular, both of these writers recognize the important role that medicine has played in ordering the modern conception of death. After situating these two perspectives in relation to each other, and in relation to Heidegger, who will serve here as a sort of benchmark, I will return to the issue of suicide. Given the differences in their readings of the role that death and medicine play in modern culture, these post-Heideggerians take strikingly different positions on this issue. By engaging these perspectives, I intend not only to point out the tremendous potential which this issue holds for a fundamental rethinking of modern subjectivity, but also reveal some of the dangers that may beset any naive optimism about the right to die. (shrink)

This essay contributes to critical reflection on the extensive role that medicine has played, and continues to play, in establishing and maintaining the uniquely modern form of social order that Foucault described as “governmentality.” It does so by linking Foucault’s later work on governmentality and biopower, from his courses at the Collège de France in the late-1970s, with his early work on the crucial role that pathological anatomy played in founding modern medicine, which was presented in one of his first (...) books, The Birth of the Clinic (1963). The link between these two stages of Foucault’s work is the central role that death has played in the development of both modern medicine and the art of governing populations. After establishing this connection, I extend Foucault’s analysis by examining the anatomical practices of the three centuries prior to the period upon which he focused in The Birth of the Clinic. This examination of anatomical practices from the sixteenth through the turn of the nineteenth century not only expands the temporal framework through which Foucault examined modern medicine, but also provides a clear and instructive example of the historical development of governmentality. This expansion of Foucault's analysis further illuminates the unique historical configuration of death, medicine, and power upon which modernity is grounded, and suggests ways in which many recent bio-ethical dilemmas, such as the right to die movement, may disrupt this configuration. (shrink)

This paper employs Foucault’s concept of “governmentality” to examine critically the efforts by medical humanists to reform the medical case. I argue that these reform efforts contribute to the individualizing dimensions of medical power through the development of a “pastoral” technique that medicine has taken over from religious authority. Clinical experiences at this NEH Institute also revealed a juridical dimension of the medical case that treats a patient’s statements as suspect and in need of corroboration by evidence provided by the (...) patient’s body. The combination of these pastoral and juridical dimensions of the case contributes to the normalizing power of modern medicine, and medical humanists need to be aware of their own contribution to this form of power as they reform the case. (shrink)

The emergence of ethical controversy -- First embryo research regimes -- The ethics of embryonic stem cell research -- Stem cell and cloning politics.

Existing research suggests that people's judgments of actual causation can be influenced by the degree to which they regard certain events as normal. We develop an explanation for this phenomenon that draws on standard tools from the literature on graphical causal models and, in particular, on the idea of probabilistic sampling. Using these tools, we propose a new measure of actual causal strength. This measure accurately captures three effects of normality on causal judgment that have been observed in existing studies. (...) More importantly, the measure predicts a new effect ("abnormal deflation"). Two studies show that people's judgments do, in fact, show this new effect. Taken together, the patterns of people's causal judgments thereby provide support for the proposed explanation. (shrink)

Understanding the development and practice of power based on an in-depth observation of human psychology has been a part of traditional Chinese thought for thousands of years and is considered a prerequisite for mastering the arts of strategy and leadership. "Thunder in the Sky" presents two secret classics of this ancient Chinese tradition. The commentary by Thomas Cleary the renowned translator of dozens of Asian classics highlights the contemporary application of these teachings.

Theories of rational decision making often abstract away from computational and other resource limitations faced by real agents. An alternative approach known as resource rationality puts such matters front and center, grounding choice and decision in the rational use of finite resources. Anticipated by earlier work in economics and in computer science, this approach has recently seen rapid development and application in the cognitive sciences. Here, the theory of rationality plays a dual role, both as a framework for normative assessment (...) and as a source of scientific hypotheses about how mental processes in fact work. The latter project, often called rational analysis, depends for its success on a fine-grained characterization of the computational problem facing a decision maker, which may in turn depend on realistic assumptions about what the relevant agent is like. As a consequence, resource rationality involves a delicate, but often fruitful interplay between the normative and the descriptive. (shrink)

While Bayesian models have been applied to an impressive range of cognitive phenomena, methodological challenges have been leveled concerning their role in the program of rational analysis. The focus of the current article is on computational impediments to probabilistic inference and related puzzles about empirical confirmation of these models. The proposal is to rethink the role of Bayesian methods in rational analysis, to adopt an independently motivated notion of rationality appropriate for computationally bounded agents, and to explore broad conditions under (...) which Bayesian agents would be rational. The proposal is illustrated with a characterization of costs inspired by thermodynamics. (shrink)

We present a formal, mathematical model of argument structure and evaluation, taking seriously the procedural and dialogical aspects of argumentation. The model applies proof standards to determine the acceptability of statements on an issue-by-issue basis. The model uses different types of premises (ordinary premises, assumptions and exceptions) and information about the dialectical status of statements (stated, questioned, accepted or rejected) to allow the burden of proof to be allocated to the proponent or the respondent, as appropriate, for each premise separately. (...) Our approach allows the burden of proof for a premise to be assigned to a different party than the one who has the burden of proving the conclusion of the argument, and also to change the burden of proof or applicable proof standard as the dialogue progresses from stage to stage. Useful for modeling legal dialogues, the burden of production and burden of persuasion can be handled separately, with a different responsible party and applicable proof standard for each. Carneades enables critical questions of argumentation schemes to be modeled as additional premises, using premise types to capture the varying effect on the burden of proof of different kinds of questions. (shrink)

The Pleadings Game is a normative formalization and computational model of civil pleading, founded in Roberty Alexy''s discourse theory of legal argumentation. The consequences of arguments and counterarguments are modelled using Geffner and Pearl''s nonmonotonic logic,conditional entailment. Discourse in focussed using the concepts of issue and relevance. Conflicts between arguments can be resolved by arguing about the validity and priority of rules, at any level. The computational model is fully implemented and has been tested using examples from Article Nine of (...) the Uniform Commercial Code. (shrink)

In Pietroski ( 2018 ) a simple representation language called SMPL is introduced, construed as a hypothesis about core conceptual structure. The present work is a study of this system from a logical perspective. In addition to establishing a completeness result and a complexity characterization for reasoning in the system, we also pinpoint its expressive limits, in particular showing that the fourth corner in the square of opposition (“ Some_not ”) eludes expression. We then study a seemingly small extension, called (...) SMPL +, which allows for a minimal predicate-binding operator. Perhaps surprisingly, the resulting system is shown to encode precisely the concepts expressible in first-order logic. However, unlike the latter class, the class of SMPL + expressions admits a simple procedural (context-free) characterization. Our contribution brings together research strands in logic—including natural logic, modal logic, description logic, and hybrid logic—with recent advances in semantics and philosophy of language. (shrink)

Authors of books on business ethics and corporate social responsibility fall into two general approaches when they answer the question: Why should a business firm, which represents private property, have greater obligations to the local community than an ordinary citizen? Authors generally subscribe to a rights approach or to a power model. This paper will present four rights approaches and three power models which are used to describe the relationship of the firm to society. Introducing these different approaches and models (...) will be two brief expositions which provide the setting for determining the relationship of a firm to society. The first traces two lines to the development of the contemporary American corporation. The second views the business corporation as a quasi-public institution. (shrink)

While pragmatic arguments for numerical probability axioms have received much attention, justifications for axioms of qualitative probability have been less discussed. We offer an argument for the requirement that an agent’s qualitative judgments be probabilistically representable, inspired by, but importantly different from, the Money Pump argument for transitivity of preference and Dutch book arguments for quantitative coherence. The argument is supported by a theorem, to the effect that a subject is systematically susceptible to dominance given her preferred acts, if and (...) only if the subject’s comparative judgments preclude representation by a standard probability measure. (shrink)

Many individuals with developmental language disorder (DLD) and individuals who are deaf or hard of hearing (D/HH) have social–emotional problems, such as social difficulties, and show signs of aggression, depression, and anxiety. These problems can be partly associated with their executive functions (EFs) and theory of mind (ToM). The difficulties of both groups in EF and ToM may in turn be related to self-directed speech (i.e., overt or covert speech that is directed at the self). Self-directed speech is thought to (...) allow for the construction of non-sensory representations (i.e., representations that do not coincide with direct observation). Such non-sensory representations allow individuals to overcome the limits set upon them by the senses. This ability is constrained by the development of word meaning structure (i.e., the way words are understood). We argue that the greater ability to construct non-sensory representations may result in more enhanced forms of EF and ToM. We conclude that difficulties in EF, ToM, and social–emotional functioning in those with hearing and language problems may be accounted for in terms of word meaning impairments. We propose that word meaning structure and self-directed speech should be considered in assigning EF and ToM treatments to individuals with DLD and those who are D/HH. (shrink)

The reaction to Darwin's Origin of Species varied in many countries according to the roles played by national scientific institutions and traditions and the attitudes of religious and political groups. The contributors to this volume, including M. J. S. Hodge, David Hull, and Roberto Moreno, gathered in 1972 at an international conference on the comparative reception of Darwinism. Their essays look at early pro- and anti-Darwinism arguments, and three additional comparative essays and appendices add a larger perspective. For this paperback (...) edition, Thomas F. Glick has added a new preface commenting on recent research. (shrink)

Some physicians, in their care of patients at risk of misusing opioids, use machine learning (ML)-based prediction drug monitoring programmes (PDMPs) to guide their decision making in the prescription of opioids. This can cause a conflict: a PDMP Score can indicate a patient is at a high risk of opioid abuse while a patient expressly reports oppositely. The prescriber is then left to balance the credibility and trust of the patient with the PDMP Score. Pozzi1 argues that a prescriber who (...) downgrades the credibility of a patient’s testimony based on a low PDMP Score is epistemically and morally unjustified and contributes to a form of testimonial injustice. This results in patients being silenced, excluded from decision-making processes and subjected to structural injustices. Additionally, the use of ML systems in medical practices raises concerns about perpetuating existing inequalities, overestimating their capabilities and displacing human authority. However, almost the very same critiques apply to human-based systems. Formalisation, ML systems included, should instead be viewed positively,2 and precisely as a powerful means to begin eroding these and other problems in ethically sensitive domains. In this case, the epistemic virtues of formalisation include promoting transparency, consistency and replicability in decision making. Rigorous ML systems can also help ensure that models …. (shrink)

What does religion contribute to business ethics? Related to the practical, religion applies theological concepts to business situations; namely, vocation, stewardship, human dignity, co-creation, co-conservation, sharing in God's power, servant leadership, encounter with the Incarnation, sacramental sign and justice (divine and human). These concepts suggest the threefold component of religion: doctrine (creed), worship (cult) and values governing behavior (code). A principle taken from religious practice illustrates its unique contribution to business ethics. The principle of proportionality (or double effect) exemplifies code (...) in its balancing of good and evil outcomes. The more contemporary principle called the fundamental option identifies the role of vocation and calling in the notion of creed. The component cult might be reflected in the insistence on human dignity which is highlighted in papal social teaching. (shrink)

We present a high-level declarative programming language for representing argumentation schemes, where schemes represented in this language can be easily validated by domain experts, including developers of argumentation schemes in informal logic and philosophy, and serve as executable specifications for automatically constructing arguments, when applied to a set of assumptions. This new rule language for representing argumentation schemes is validated by using it to represent twenty representative argumentation schemes.

On 26 February 1616 Galileo was ordered to cease to defend heliocentrism in any way whatsoever. This order, called a precept, automatically applied to anything he might later attempt to publish on the subject. Issued at the end of his first trial by the Roman Inquisition, the precept became the spark that triggered his second trial in 1632–3 and figured importantly in the justification of his sentence. This precept has been a subject of controversy since the late nineteenth century for (...) its authenticity, legality and legitimacy. This paper addresses the first two points and establishes the facts of what probably happened in 1616. It does so by examining seven texts that bear on the event. All but one of these agree tolerably well that Galileo did indeed receive the precept in the strongest form. An examination of the singleton text in the context of how the Inquisition produced and kept its records as well as of its procedures and personnel shows that it is the least reliable source. This context also supports the argument that certainty about what happened is impossible to achieve. The theory that the document most damaging to Galileo was a forgery is also disposed of. Examination of the crucial phrase successive ac incontinenti in one of the documents supports the paper's suggestion that more caution is in order before accepting the currently nearly universal claim that the precept was improper in law. (shrink)

Rights, justice, and power raise many interesting questions. Why do such basic concepts as rights and justice have such differentpoints of concern—equality, proportionality, medium rei (moderation or the middle of the thing itself without reference to the person using it)? Why are there such different perspectives in philosophy, theology, and law? Why is the notion of power in business ethics so isolated from the general discussion of applied justice in treatises on business contracts, employee relations, and in other related topics? (...) Discussions of power seemed parallel with discussions of justice. The two did not seem to intersect.In this paper I shall argue that rights, power, and justice are interrelated. While natural rights are the basis for justice, rights cannotbe realized nor justice become operative without power. I shall call this relationship and the theory underlying it “Transforming Justice.”One of the basic concerns of this article is to notice the lack of interaction between rights and power in the traditional theories ofjustice. Granted that for many philosophers it is sufficient to determine what is just. But the notion of justice as an active virtue that persons are to exercise in their dealings with others goes further. It touches the realities of life that every person experiences. Life doesnot separate rights from power. Reflection upon the current separation of rights from power both in theory and in action is analogous to the separation of the “sensory” from the “imaginative” in art and in life. The urge to devise a framework of justice that brings out thewholeness of its existential being is the underlying rationale for developing a theory of transforming justice. Another purpose fordeveloping a theory of transforming justice is to suggest a conceptual framework of business ethics and corporate social responsibility that incorporates values, rights, power, and virtue. Authors and teachers approach these issues either from a value (or rights/justice)perspective or from the view that institutions respond only to those who exercise power (apart from legitimate claims). Thus, it isnecessary for a conceptual framework to incorporate the dynamics of power and the qualifying aspects of rights or claims.A natural law approach to justice and rights argues that humans have certain basic rights that others, whether humans or institutions(regardless of source), are required to respect. Natural rights theory places the burden or duty on each individual to respect the rights ofevery other person. In addition, justice is usually defined by natural law theorists as “giving each person his or her due,” what is requiredby natural rights, what is owed, earned, or deserved. But its applications fall short of reality. It raises other questions. How does one person get another to give him what is “his due”? How are duties and claims entailed by natural rights enforced in practice? The notionof transforming justice attempts to answer these questions. (shrink)

Carneades is an open source argument mapping application and a programming library for building argumentation support tools. In this paper, Carneades’ support for argument reconstruction, evaluation and visualization is illustrated by modeling most of the factual and legal arguments in Popov v Hayashi.

We show that in the language of {≤}, the Π₃-fragment of the first order theory of the $\Sigma _{2}^{0}$-enumeration degrees is undecidable. We then extend this result to show that the Π₃-theory of any substructure of the enumeration degrees which contains the $\Delta _{2}^{0}$-degrees is undecidable.

Everything about us today tells us that we live in a world which will be increasingly dominated by empirical and theoretic science. This is the world in which the Church lives and proclaims its message about Jesus Christ. It is not an alien world, for it is in this world of space and time that God has planted us. He made the universe and endowed man with gifts to investigate and understand it. Just as he made life to produce itself, (...) so he has made the universe with man as an essential constituent in it, that it may bring forth and articulate knowledge of itself. Regarded in this light the pursuit of science is one of the ways in which man exercises the dominion in the earth which he was given at his creation. That is how, for example, Francis Bacon understood the work of human science, as man's obedience to God. Science is a religious duty, while man as scientist can be spoken of as the priest of creation , whose task it is to interpret the books of nature, to understand the universe in its wonderful structures and harmonies, and to bring it all into orderly articulation, so that it fulfils its proper end as the vast theatre of glory in which the creator is worshipped and praised. Nature itself is dumb, but it is man's part to bring it to word, to be its mouth through which the whole universe gives voice to the glory and majesty of the living God. (shrink)

The provability logic of a theory $T$ is the set of modal formulas, which under any arithmetical realization are provable in $T$. We slightly modify this notion by requiring the arithmetical realizations to come from a specified set $\Gamma$. We make an analogous modification for interpretability logics. We first study provability logics with restricted realizations and show that for various natural candidates of $T$ and restriction set $\Gamma$, the result is the logic of linear frames. However, for the theory Primitive (...) Recursive Arithmetic (PRA), we define a fragment that gives rise to a more interesting provability logic by capitalizing on the well-studied relationship between PRA and I$\Sigma_1$. We then study interpretability logics, obtaining upper bounds for IL(PRA), whose characterization remains a major open question in interpretability logic. Again this upper bound is closely related to linear frames. The technique is also applied to yield the nontrivial result that IL(PRA) $\subset$ ILM. (shrink)

This groundbreaking work was the first to propose an inquiry into the forms, dynamics, and constructs of educational policy. This fine book remains the only treatment of educational policy incorporating an account of the differences between various kinds of educational goods. Professor Green explored the nature of policy and prospects for the future, and it is a rare treat that we can now (more than fifteen years later) revisit the text to discover his uncanny accuracy.

The vulnerability of participants in Substance Abuse and Mental Health Services Administration (SAMHSA) programs is a consequence of the illnesses that they are experiencing; ethical guarantees must be in place that ensure the dignity of the persons involved in such programs. Dignity is more than an individual concern; it has individual, institutional, and societal dimensions. An ethical framework is proposed that involves the interrelated vulnerabilities and needs of individuals and communities and our societal response to them. Among the issues given (...) particular attention are individual and community stigmatization, target population involvement in program planning, balance with regard to confidentiality and privacy, the place of proportionality grounded in a rich sense of community as a guiding ethical principle, and guidelines for SAMHSA programs. (shrink)