This article examines the process for the eviction of tenants, which offers landlords a swift path for obtaining an eviction order against their tenants, as a case study exposing the politics of procedure. It shows that the PET is but one stage in a longstanding battle waged between two interest groups—landlords and tenants—involving both substantive law and procedural law. But while the story of their conflict over substantive law, fought in the parliament through the regular legislative process, is well-known, (...) the story of the procedural amendments, despite their immense impact, remains shrouded in mystery and is told here for the first time. The reason for that, we argue, is that despite the vast impact of procedure on substantive right, many in the Israeli legal system mistakenly view civil procedure rules as highly technical and neutral directives for the day-to-day operation of the litigation process. The conclusion from such a view is that rulemaking should be left to expert legal technicians and court administrators and that transparency mechanisms or public participation are to be avoided as unnecessary due to the costs and burdens they impose on the rulemaking process. The article concludes with a call for overhauling the rulemaking process in Israel. We argue that the secretive and opaque process is anathema to democracy. Bearing in mind that procedural rules are inevitably imbued with substantive values and have an enormous effect on the substantive rights of the citizenry, the rulemaking process should be radically altered to enable all interested parties to take part in the process, making it far more transparent and subject to public scrutiny in all its stages. (shrink)

Natural theology is still practiced as though substantive theological conclusions can be derived by a quasi-deductive process. Perhaps relevant "evidence" may lead to interesting theological conclusions -- the fact of natural evil, or the cosmic fine-tuning we hear about in contemporary cosmology, both cry out for theological explanation. I remain a skeptic, however, about the value of "a priori" methods in natural theology. The case study in this short discussion is the well known attempt to establish the logical incoherence of (...) the divine command theory of moral objectivity. If skeptics can make good on this charge, they will have gone a long way toward undercutting a central tenant of western theism. I will argue, however, that the case against theologically based moral absolutism is not as simple as showing some internal paradox or logical tension. (shrink)

The chapter is divided into three separate parts. In the first part I critically discuss Adorno's interpretation of Heidegger's concern with the question of Being. Central to this interpretation is Adorno's view that Being, for Heidegger, resonates with onto‐theological or metaphysical accounts of the highest and most general being – that of Plato's ideas, or Aristotle's substance. In various steps, looking at several key claims of Heidegger, I argue that this approach is misguided. Heidegger draws a clear and philosophically (...) justified distinction between his conception of Being and the Platonic vision of essence. The second part identifies a strand of Adorno's critique that does not depend on the onto‐theological reading. This is the critique of fetishization and reification – Adorno's view that Heidegger falsely seeks to imbue his thinking and diagnosis of modernity with a veneer of the timeless and transcendental. Adorno, I suggest, justifiably introduces his dialectical procedure as a means to correct this tendency: Concepts, he claims, should be viewed and analyzed in terms of the non‐identity between themselves and the states of affairs to which they purport to refer. In clear contrast to the Heideggerian call for some kind of essential or necessary reference – words that magically yet “necessarily” pick out their object, and that thereby aspire to overcome the fateful split between word and object (or subject and object) – Adorno insists on difference, differentiation, and absence, a historically indexed self‐reflection. In the final part I propose a reading of Heidegger that takes heed of Adorno's warnings against fetishization and reification. While far from trying to efface the decisive differences between the two thinkers, I highlight moments in Heidegger that lend themselves to a dialectical interpretation. I argue that these are moments of remembrance – moments in which human practice anticipate a more reconciled relation between subject and object. (shrink)

The aim of this article is to investigate the Habermasian way of problematizing the European political situation through consideration of the conceptual framework within which he develops his proposal. I begin by clarifying various conceptual difficulties that emerge when thinking about politics within the European Union. I then focus on the concept of popular sovereignty as procedure, which Habermas develops in Between Facts and Norms against the historical backdrop of the nation state. In the debate regarding European constitutionalization, the (...) concept of popular sovereignty as procedure first assumes a critical function against proponents of the no demos thesis. More recently, Habermas has advanced a concept of shared/divided sovereignty, which becomes indispensable when we consider Europe as a democratic federation. The conclusions hereby drawn disclose two problematic aspects of Habermas’s recent proposal. Respectively, these concern the viability of his approach and the questionable plausibility of this proposed federation’s ability to uphold democracy in terms of self-determination. (shrink)

Anorexia nervosa is a very serious condition because of the suffering and loss of life that it causes. However, the wishes of the people directly involved can be strongly opposed. The person with severe AN may not want treatment, yet her family beseeches professionals to unilaterally intervene and clinical teams are divided over the defensibility of involuntary hospitalization and treatment. The metaphor of a crucible is used in this paper to help identify how much is at stake and how much (...) is in conflict when someone has AN. Frank cautions against ethical analyses that rely mostly on substantive principles or rules and institutional conflict resolution procedures. This paper applies his heuristic concepts of “ethics-as-substance” and “ethics-as-process” to a prototypical AN case to illustrate how process activities can expand understanding of, and responsiveness to, those who are living with this dire condition or those who are obligated to help. (shrink)

Anorexia nervosa is a very serious condition because of the suffering and loss of life that it causes. However, the wishes of the people directly involved can be strongly opposed. The person with severe AN may not want treatment, yet her family beseeches professionals to unilaterally intervene and clinical teams are divided over the defensibility of involuntary hospitalization and treatment. The metaphor of a crucible is used in this paper to help identify how much is at stake and how much (...) is in conflict when someone has AN. Frank cautions against ethical analyses that rely mostly on substantive principles or rules and institutional conflict resolution procedures. This paper applies his heuristic concepts of “ethics-as-substance” and “ethics-as-process” to a prototypical AN case to illustrate how process activities can expand understanding of, and responsiveness to, those who are living with this dire condition or those who are obligated to help. (shrink)

In this article, we want to reply to the recent article by Buturovic, to be able to correct some statements and allegations about this combined procedure. Organ donation after euthanasia is an extremely difficult procedure from an ethical point of view. On the one hand, we see a suffering patient who wants to die but who also wants to make an altruistic effort to donate his organs. On the other hand, we visualise a patient in need of an (...) organ but who is wary of the fact that someone else needs to die in order to potentially receive a transplant organ. Healthcare professionals seem to walk a tightrope when balancing between the interests of the patients at these two extremes: while facilitating the dying patient’s last wish on the one hand and abiding by all regulations regarding donation and transplantation on the other. Yet, these physicians, nurses and transplant coordinators do their utmost best to keep a strict line between euthanasia and organ donation, to avoid any external pressure on the patient, and to respect his autonomy. They really make an utmost attempt to make the process bearable for the donating patient. However, undeniably the patient who is about to undergo organ donation after euthanasia is nevertheless confronted with dozens of feelings and thoughts. However, this does not imply that procedural safeguards are failing to disentangle organ donation from euthanasia. (shrink)

In this dissertation, I argue that we should reframe the presentation and defense of the program of discourse ethics and deliberative democracy (DEP) in such a way that we make clear its connection to the substantive moral ideas of solidarity, equality and freedom. This program basically says that we should, when we can, determine the validity of the norms regulating our social life through practices of public deliberation. If we want to understand why engaging in public deliberation makes moral sense, (...) or is obligatory, we need to make explicit the connection between the formal procedures of deliberation and our most basic substantive moral ideas of freedom, equality and solidarity. In order to unpack this claim, I construct what I call an expressive-elaboration model of the relation between substance and procedure in public deliberation. According to this model, we should see the two dimensions as working in tandem, in such a way that deliberative procedures are understood as the medium of expression and elaboration of our basic substantive ideas of solidarity, equality and freedom. The three ideas are expressed in the fact and form of deliberation, and elaborated in their changing and specific interpretations as topics and consequences of deliberative practices. To develop this model, I start with a consideration of certain insights of Kant's moral theory, and proceed to bridge the gap between Habermas's more formalistic and Rawls's more substantive neo-Kantian accounts of practical reason. The result is a straightforwardly substantive articulation and defense of the dialogic procedures of DEP based on the recognition of the fact of widespread moral disagreement and a fundamental project of justice demanding that we deal with that condition of disagreement by constructing social arrangements in which we include each other, solidaristically, as free and equal members. This morally substantive defense of DEP referring to the fact of widespread moral disagreement and the fundamental project of justice is different from, and more compelling than, other common, formalistic and prudential defenses of DEP. (shrink)

Quantum systems have a holistic structure, which implies that they cannot be divided into parts. In order tocreate (sub)objects like individual substances, molecules, nuclei, etc., in a universal whole, the Einstein-Podolsky-Rosen correlations between all the subentities, e.g. all the molecules in a substance, must be suppressed by perceptual and mental processes.Here the particular problems ofGestalt (shape)perception are compared with the attempts toattribute a shape to a quantum mechanical system like a molecule. Gestalt perception and quantum mechanics turn out (on (...) an informal level) to show similar features and problems: holistic aspects, creation of objects, dressing procedures, influence of the observer, classical quantities and structures. The attribute classical of a property or structure means thatholistic correlations to any other quantity do not exist or that these correlations are considered as irrelevant and therefore eliminated (either deliberately and by declaration or in a mental process that is not under rational control). An example of animposed classical structure is the nuclear frame of a molecule. Candidates for classical properties that arenot imposed by the observer could be the charge of a particle or the handedness of a molecule. It is argued here that at least part of a molecule's shape can begenerated automatically by the environment. A molecular shape of this sort arises in addition to Lamb shift-type energy corrections. (shrink)

In Democracy without Shortcuts, Cristina Lafont identifies proceduralist or ‘deep pluralist’ conceptions of democracy alongside epistemic and lottocratic approaches as shortcuts that avoid the more challenging but, in her view, preferable path of engaging with and attempting to sway competing views, values and beliefs of fellow citizens. I argue that with the wholesale dismissal of proceduralist accounts of democracy Lafont herself takes two shortcuts: The first concerns the characterization of deep pluralism as unable to explain substantive disagreement after a decision (...) is settled, and the second undervalues proceduralism’s ability to evaluate and criticize the substance of the political decision-making process. While her critique is fitting for minimalist conceptions of proceduralism, a theory of normative proceduralism shares many objectives with Lafont’s vision of a participatory deliberative democracy. Integrating those approaches instead of dismissing proceduralism outright would render her project appealing to theorists who would not otherwise consider themselves deliberative democrats. (shrink)

In this paper I argue that the debate between subjective and objective theories of prudential value obscures the way in which elements of both are needed for a comprehensive theory of prudential value. I suggest that we characterize these two types of theory in terms of their different aims: procedural (or subjective) theories give an account of the necessary conditions for something to count as good for a person, while substantive (or objective) theories give an account of what is good (...) for a person, given some set of necessary conditions. Characterizing the theories in this way allows us to see their mutual compatibility. To make this case, I assume that a theory of prudential value ought to be descriptively and normatively adequate. The criterion of descriptive adequacy requires that our theory explain the subject relativity of prudential value. I characterize subject relativity in terms of justifiability to subjects and I argue that certain procedural theories are well suited to meet this criterion. The criterion of normative adequacy requires that our theory be capable of guiding action and I argue that a certain kind of substantive theory is needed to meet this requirement. (shrink)

William Smith’s recent article criticises the so-called orthodox approaches to the normative analysis of healthcare resource allocation, associated to the requirement that decision-makers should abide by strictly procedural principles of legitimacy defining a deliberative democratic process. Much of the appeal of Smith’s argument goes down to his awareness of real-world processes and, in particular, to the large gap he identifies between well-led democratic deliberation and the messiness of the process through which the intuitively legitimate Affordable Care Act was created. This (...) reply aims to demonstrate that the ACA provides no counterexample to orthodox views, seizing this opportunity to explore the specific space that the procedural principles populating orthodox accounts are meant to regulate. Neither general questions of healthcare justice concerning, for example, universal access nor, relatedly, the activity of elected politicians falls within the natural scope of application of such principles, revealing a much more complex picture of the interactions between justice and legitimacy as well as substantive and procedural considerations than acknowledged by Smith. In the end, orthodox accounts of healthcare resource allocation turn out to provide a precious fund of theoretical resources for the normative study of administrators, which might be useful well beyond bioethics and health policy. (shrink)

In this chapter, we provide an opinionated introduction to contemporary trope bundle theories of substance. We assess different trope bundle theories on the grounds of their two main aims: to provide an adequate account of substances or objects by means of tropes and a reductive analysis of inherence, that is, object's having tropes as their properties. Our discussion begins by a presentation of Donald C. Williams’ and Keith Campbell's paradigmatic trope theories, which maintain that tropes are independent existents. After (...) highlighting the central problems of paradigmatic trope theories, we discuss two more recent developments of trope bundle theory that also take non-relational tropes as independent existents, Anna-Sofia Maurin's and Douglas Ehring's independence theories. Finally, we present two alternative trope bundle theories, according to which tropes are dependent existents, dependence theories, namely, Arda Denkel's Saturation theory and our Strong Nuclear Theory (SNT). Although the latter two theories introduce existential dependencies among tropes, we argue that dependence theories provide a more satisfactory account of substances dividing into natural kinds than independence theories. (shrink)

Spartan institutions were pictured as a model of political stability from the Classical period onwards. The so-called Spartan ‘mirage’ did not involve only its constitutional order but also social and economic institutions. Xenophon begins hisConstitution of the Lacedaemoniansby associating Spartan fame with thepoliteiaset up by Lycurgus, which made the Laconian city the most powerful (δυνατωτάτη) and famous (ὀνομαστοτάτη)polisin Greece (Xen.Lac.1.1). In Aristotle'sPolitics, in which the assessment of Sparta is more complex and nuanced, one finds a critique of contemporary Spartan institutions (...) as well as praise for Lycurgus as a great lawgiver who established the laws of Sparta (Arist.Pol.2.1269a69, 2.1273b20). Most other ancient sources often remark upon the unchangeable features of some Spartan institutions as a key aspect of Spartan εὐνομία. Thucydides maintains that, after a long period of war andstasis, the Dorians established excellent laws and Sparta employed the same constitution for more than four hundred years (Thuc. 1.18.1: τετρακόσια καὶ ὀλίγῳ πλείω ἐς τὴν τελευτὴν τοῦδε τοῦ πολέμου ἀφ᾽ οὗ Λακεδαιμόνιοι τῇ αὐτῇ πολιτείᾳ χρῶνται). (shrink)

This study examined the efficacy of corrected feedback for improving consent recall throughout the course of an ongoing longitudinal study. Participants were randomly assigned to either a corrected feedback or a no-feedback control condition. Participants completed a consent quiz 2 weeks after consenting to the host study and at months 1, 2, and 3. The corrected feedback group received corrections to erroneous responses and the no-feedback control group did not. The feedback group displayed significantly greater recall overall and in specific (...) content areas. Results support the use of corrected feedback for improving consent recall. (shrink)

Sexual Violation in Islamic Law: Substance, Evidence, and Procedure By AzamHina, xi + 270 pp. Price HB £60.00. EAN 978–1107094246.

"Procedural Justice" offers a theory of procedural fairness for civil dispute resolution. The core idea behind the theory is the procedural legitimacy thesis: participation rights are essential for the legitimacy of adjudicatory procedures. The theory yields two principles of procedural justice: the accuracy principle and the participation principle. The two principles require a system of procedure to aim at accuracy and to afford reasonable rights of participation qualified by a practicability constraint. The Article begins in Part I, Introduction, with (...) two observations. First, the function of procedure is to particularize general substantive norms so that they can guide action. Second, the hard problem of procedural justice corresponds to the following question: How can we regard ourselves as obligated by legitimate authority to comply with a judgment that we believe (or even know) to be in error with respect to the substantive merits? The theory of procedural justice is developed in several stages, beginning with some preliminary questions and problems. The first question - what is procedure? - is the most difficult and requires an extensive answer: Part II, Substance and Procedure, defines the subject of the inquiry by offering a new theory of the distinction between substance and procedure that acknowledges the entanglement of the action-guiding roles of substantive and procedural rules while preserving the distinction between two ideal types of rules. The key to the development of this account of the nature of procedure is a thought experiment, in which we imagine a world with the maximum possible acoustic separation between substance and procedure. Part III, The Foundations of Procedural Justice, lays out the premises of general jurisprudence that ground the theory and answers a series of objections to the notion that the search for a theory of procedural justice is a worthwhile enterprise. Sections II and III set the stage for the more difficult work of constructing a theory of procedural legitimacy. Part IV, Views of Procedural Justice, investigates the theories of procedural fairness found explicitly or implicitly in case law and commentary. After a preliminary inquiry that distinguishes procedural justice from other forms of justice, Part IV focuses on three models or theories. The first, the accuracy model, assumes that the aim of civil dispute resolution is correct application of the law to the facts. The second, the balancing model, assumes that the aim of civil procedure is to strike a fair balance between the costs and benefits of adjudication. The third, the participation model, assumes that the very idea of a correct outcome must be understood as a function of process that guarantees fair and equal participation. Part IV demonstrates that none of these models provides the basis for a fully adequate theory of procedural justice. In Part V, The Value of Participation, the lessons learned from analysis and critique of the three models are then applied to the question whether a right of participation can be justified for reasons that are not reducible to either its effect on the accuracy or its effect on the cost of adjudication. The most important result of Part V is the Participatory Legitimacy Thesis: it is (usually) a condition for the fairness of a procedure that those who are to be finally bound shall have a reasonable opportunity to participate in the proceedings. The central normative thrust of Procedural Justice is developed in Part VI, Principles of Procedural Justice. The first principle, the Participation Principle, stipulates a minimum (and minimal) right of participation, in the form of notice and an opportunity to be heard, that must be satisfied (if feasible) in order for a procedure to be considered fair. The second principle, the Accuracy Principle, specifies the achievement of legally correct outcomes as the criterion for measuring procedural fairness, subject to four provisos, each of which sets out circumstances under which a departure from the goal of accuracy is justified by procedural fairness itself. In Part VII, The Problem of Aggregation, the Participation Principle and the Accuracy Principle are applied to the central problem of contemporary civil procedure - the aggregation of claims in mass litigation. Part VIII offers some concluding observations about the point and significance of Procedural Justice. (shrink)

In this paper I explore Michael Loux’s important distinction between “tropes” and “tropers”. First, I argue that the distinction throws into relief an ambiguity and discrepancy in the literature, revealing two fundamentally different versions of trope theory. Second, I argue that the distinction brings into focus unique challenges facing each of the resulting trope theories, thus calling into question an alleged advantage of trope theory—that by uniquely occupying the middle ground between its rivals, trope theory is able to recover and (...) preserve the insights of these views. Ultimately, the distinction suggests that trope theory is a divided house. (shrink)

Sexual Violation in Islamic Law: Substance, Evidence, and Procedure. By Hina Azam. Cambridge Studies in Islamic Civilization. New York: Cambridge University Press, 2015. Pp. xi + 270. $95.

In the Divide-the-Dollar (DD) game, two players simultaneously make demands to divide a dollar. Each player receives his demand if the sum of the demands does not exceed one, a payoff of zero otherwise. Note that, in the latter case, both parties are punished severely. A major setback of DD is that each division of the dollar is a Nash equilibrium outcome. Observe that, when the sum of the two demands x and y exceeds one, it is as (...) if Player 1's demand x (or his offer (1−x) to Player 2) suggests that Player 2 agrees to λx < 1 times his demand y so that Player 1's demand and Player 2's modified demand add up to exactly one; similarly, Player 2's demand y (or his offer (1−y) to Player 1) suggests that Player 1 agrees to λyx so that λyx+y = 1. Considering this fact, we change DD's payoff assignment rule when the sum of the demands exceeds one; here in this case, each player's payoff becomes his demand times his λ; i.e., each player has to make the sacrifice that he asks his opponent to make. We show that this modified version of DD has an iterated strict dominant strategy equilibrium in which each player makes the egalitarian demand 1/2. We also provide a natural N-person generalization of this procedure. (shrink)

Following the lead of Gustav Bergmann ( 1967 ), if not his precise terminology, ontologies are sometimes divided into those that are ‘relational’ and those that are ‘constituent’ (Wolterstorff 1970 ). Substance ontologies in the Aristotelian tradition are commonly thought of as being constituent ontologies, because they typically espouse the hylemorphic dualism of Aristotle ’s Metaphysics – a doctrine according to which an individual substance is always a combination of matter and form. But an alternative approach drawing more (...) on the fourfold ontological scheme of Aristotle’s Categories is not committed to this doctrine and may regard individual (or ‘primary’) substances as having no constituent structure, their only possible complexity residing in their possession, in some cases, of a multiplicity of substantial parts. However, as we shall see, this does not imply that such an ontology falls instead into the relational camp: for although it invokes, in addition to the category of individual substance, also those of substantial kind (‘secondary’ substance), attribute, and mode (or ‘individual accident’), it need not and arguably should not take there to be external relations between entities in the different categories. On this view, truths of exemplification and instantiation, such as ‘Dobbin is white’ and ‘Dobbin is a horse’, do not need relational truthmakers. Hence, it can be maintained that there are no such relations as ‘exemplification’ and ‘instantiation’, at most only certain relational truths of exemplification and instantiation – truths whose logical form is relational. Th is being so, I shall argue, such an ontology cannot fairly be classified as a ‘relational’ one. (shrink)

What today divides analytical from Continental philosophy? This paper argues that the present divide is not what it once was. Today, the divide concerns the styles in which philosophers deal with intellectual problems: solving them, pressing them, resolving them, or dissolving them. Using ‘the boundary problem’, or ‘the democratic paradox’, as an example, we argue for two theses. First, the difference between most analytical and most Continental philosophers today is that Continental philosophers find intelligible two styles of dealing (...) with problems that most analytical philosophers find unintelligible: pressing them and resolving them. Second, when it comes to a genuine divide in which not understanding the other side’s basic philosophical purposes combines with disagreement on fundamental questions of doctrine, the only such divide today is that between those analytical philosophers who tend to solve problems and those Continental philosophers who tend to press problems. It is among these subgroups that there is a real philosophical divide today. So the analytical–Continental divide is more a matter of style than of substance; but as we try to show, differences in style shape differences over substance. (shrink)

Parental substance use is a major risk factor for child development, heightening the risk of drug problems in adolescence and young adulthood, and exposing offspring to several types of traumatic event. First, prenatal drug exposure can be considered a form of trauma itself, with subtle but long-lasting sequalae at the neuro-behavioural level. Second, parents’ addiction often entails a childrearing environment characterised by poor parenting skills, disadvantaged contexts and adverse childhood experiences, leading to dysfunctional outcomes. Young adults born from/raised by (...) parents with drug problems and who develop a Substance Used Disorder (SUD) themselves might display a particularly severe condition in terms of cognitive deficits and impaired personality function. This preliminary study aims to investigate the role of early exposure to drugs as a traumatic event, capable of affecting the psychological status of young drug addicts. In particular, it intends to examine the neuropsychological functioning and personality profile of young adults with severe SUDs who were exposed to drugs early in their family context. The research involved 3 groups each consisting of 15 young adults (aged 18-24): a group of inpatients diagnosed with SUDs and exposed to drugs early, a comparison group of non-exposed inpatients and a group of non-exposed youth without SUDs. A neuropsychological battery (Esame Neuropsicologico Breve-2), an assessment procedure for personality disorders (Shedler-Westen Assessment Procedure-200) and the Symptom CheckList-90-Revised were administered. According to present preliminary results, young drug addicts exposed to drugs during their developmental age were characterised by elevated rates of neuropsychological impairments, especially at the expense of attentive and executive functions; personality disorders were also common but did not differentiate them from non-exposed young people with SUDs. Alternative multi-focused prevention and intervention programs are needed for children of drug-misusing parents, addressing executive functions and adopting a trauma-focused approach. (shrink)

Chemistry builds on distinctions of substance, which presupposes that matter can be divided into substances and compared with other matter and itself on different occasions as being of the same substance. Even identifying a quantity of matter as comprising a single substance presupposes the same substance relation, it being a quantity all of whose spatial parts are the same substance. But criteria of purity have been important for isolating substances and investigating their characteristic properties, which (...) can in turn be used for establishing sameness of substance. With the development of chemistry into a theoretical science it became important that such criteria and characteristics should have a systematic theoretical basis. Thermodynamics was, perhaps, the first comprehensive theory to systematically divide the mass of the bodies with which it deals into distinct substances and offer general criteria governing the number of substances present. But the applicability of such macroscopic criteria is restricted to equilibrium conditions on a macroscopic time scale. They can be compared with microscopic conceptions of molecular structure, with which they have been complemented—some would say superseded. Since many substances are not molecular, however, the general formulation of a microscopic sameness of substance criterion remains unclear. (shrink)

This monograph is divided into four parts: 1. AMERICAN PHILOSOPHY: Unlike the philosophies of other countries today, it does not pivot about a particular authoritative university or school. Most positions, though, agree in acknowledging a plurality of irreducible ultimate principles and realities. 2. PROCESS PHILOSOPHY: This has been of primary interest to theologians, and is occupied mainly with pointing up differences with Thomism. The strength and weaknesses of both these positions is outlined, and alternative views indicated. 3. THE MODAL PHILOSOPHY: (...) A summary account is given, justifying and describing five irreducible, conditioning realities which govern individual substances, severally and together. 4. QUESTIONS AND ANSWERS: These have mainly to do with the problem of the One and the Many, raised by the audience. Each finality, it is held, is a One for the Many actualities; each actuality is a One for the Many finalities. (shrink)

In this essay, I argue that absent special circumstances, there are no moral, judicial procedural rights. I divide this essay into four main sections. First, I argue that there is no general moral right against double jeopardy. Next, I explain why punishing a criminal without first establishing her guilt via a fair trial does not necessarily violate her rights. In the third section, I respond to a number of possible objections. And finally, I consider the implications of my arguments (...) for the human right to due process. (shrink)

Non‐Cartesian substance dualism is a position in the philosophy of mind concerning the nature of the mind‐body relation or, more exactly, the person‐body relation. Whereas Cartesian substance dualism takes subjects of experience to be necessarily immaterial and indeed nonphysical substances, non‐Cartesian substance dualism does not insist on this. This distinctive feature of non‐Cartesian substance dualism gives it certain advantages over Cartesian dualism, without compelling it to forfeit any of the intuitive appeal that attaches to its more (...) traditional rival. In this chapter, the author's own view is that the self is indeed a simple substance. The simplicity of the self goes some way toward explaining its unity, including the unity of consciousness that characterizes its normal condition. A divided consciousness is in principle consistent with self‐identity: what is not consistent with this is a radical disunity of beliefs and values, manifested in a radical inconsistency of thought and action. (shrink)

This book bridges a scholarly divide between empirical and normative theorizing about procedural justice in the context of relations of power between citizens and the state. It will be of interest to a wide academic readership in philosophy, law, psychology and criminology.

When the Supreme Court in 2003 struck down a Texas law prohibiting homosexual sodomy, it cited the right to privacy based on the guarantee of "substantive due process" embodied by the Constitution. But did the court act undemocratically by overriding the rights of the majority of voters in Texas? Scholars often point to such cases as exposing a fundamental tension between the democratic principle of majority rule and the liberal concern to protect individual rights. Democratic Rights challenges this view by (...) showing that, in fact, democracy demands many of these rights. Corey Brettschneider argues that ideal democracy is comprised of three core values--political autonomy, equality of interests, and reciprocity--with both procedural and substantive implications. These values entitle citizens not only to procedural rights of participation but also to substantive rights that a "pure procedural" democracy might not protect. What are often seen as distinctly liberal substantive rights to privacy, property, and welfare can, then, be understood within what Brettschneider terms a "value theory of democracy." Drawing on the work of John Rawls and deliberative democrats such as Jürgen Habermas, he demonstrates that such rights are essential components of--rather than constraints on--an ideal democracy. Thus, while defenders of the democratic ideal rightly seek the power of all to participate, they should also demand the rights that are the substance of self-government. (shrink)

Anthony Kronman’s 1980 article “Contract Law and Distributive Justice” has become something of a classic in the philosophy of private law. Kronman argued that any theory of contract which relied upon voluntariness was necessarily concerned with distributive justice, since voluntariness was itself a distributive notion. The argument targeted libertarian accounts of contract. Given the distributive nature of voluntariness, the claim went, libertarians could not give an adequate account of contract without violating their own injunction against appeal to the “fair division (...) of wealth among the members of society”(472). It is easy to see why Kronman’s article attracted so much attention. The idea that voluntariness isnotdistributive is central not just to libertarianism but to liberalism generally. Kronman’s critique, though targeting a not terribly common species of liberalism, threatens the genus itself. (shrink)

In this paper, I inspect the grounds for the mature Spinozist argument for substance monism. The argument is succinctly stated at Ethics Part 1, Proposition 14. The argument appeals to two explicit premises: (1) that there must be a substance with all attributes; (2) that substances cannot share their attributes. In conjunction with a third implicit premise, that a substance cannot not have any attribute whatsoever, Spinoza infers that there can be no more than one substance. (...) I begin the inspection with the analysis of the first premise, which is provided in the form of the four proofs of God’s existence in Ethics Part 1, Proposition 11. While demonstrating how Spinoza adopts a progressive approach, where the fourth proof of God’s existence is more successful and persuasive than the third, which is more successful than the second, etc., I also unpack concepts central to Spinoza’s thinking here, including the concepts of reason (ratio) and power (potesta or potentia). I then analyze the second premise of the Spinozist argument for substance monism, as established by Ethics Part 1, Proposition 4 in conjunction with Ethics Part 1, Proposition 5. I take up and respond to the objection attributed to Leibniz that a substance p can have the attributes x and y and a substance q can have the attributes y and z, and thus that substances can share some attributes while remaining distinct. Throughout the study, my attention is focused on the argumentative procedures Spinoza adopts. This yields a close, internalist reading of the text where Spinoza effectively embraces substance monism. In conclusion to this study, I underscore to the originality of Spinoza’s argument for seventeenth century theories of substance. (shrink)

In this paper I argue that mere causal contribution to harm is morally significant on two counts: a) innocent aggressors have a duty to bear additional costs to help protect their potential victims, as compared to the duty innocent bystanders are expected to bear, and correspondingly; b) it is permissible to use more force against innocent aggressors, as used in self-defense and defense of others, than innocent bystanders. The paper has two parts. First I aim to demonstrate the intuitive plausibility (...) of this proposal and what I call “the asymmetrical fair share procedure.“ According to this procedure, innocent aggressors have a duty to take on a fair share of the harm if dividing it is possible, and a fair share of the risk of being harmed if redistribution of harm is impossible. In the second part, I develop a contractual account explaining why mere contribution is morally significant. (shrink)

This paper addresses the issue of how to best account for the diversity of our (synchronic) mental activities. The discussion starts with Mark Textor’s mental monism. According to mental monism, our mental life is constituted by just one simple mental act, in which different sub-acts can be conceptually distinguished. Textor grounds this view in the work of the early Brentano and contrasts it with the theory of the later Brentano, who introduces a mental substance into his philosophy. According to (...) Textor, Brentano needs a substance because he is unable to explain how mental monism can account for the separability of our mental activities, e.g. the fact that I can stop hearing F while still seeing blue. Textor argues, however, that mental monism can solve this problem. I address two issues regarding Textor’s view. First, I challenge his interpretation of Brentano by arguing that the early Brentano imports ontological complexity into our mental life; I defend Brentano’s view against possible criticisms, and I address some objections to mental monism. Second, I oppose Textor’s narrative about the mental substance. I argue that Brentano needs a substance not to explain separability, but rather to individuate our mental acts. I still argue, however, that Brentano’s earlier view (understood in my sense) is better than the substance account for dividing the mind. (shrink)

Although there is a broad consensus that both the procedural and declarative memory systems play a crucial role in language learning, use, and knowledge, the mapping between linguistic types and memory structures remains underspecified: by default, a dual-route mapping of language systems to memory systems is assumed, with declarative memory handling idiosyncratic lexical knowledge and procedural memory handling rule-governed knowledge of grammar.We experimentally contrast the processing of morphology (case and aspect), syntax (subordination), and lexical semantics (collocations) in a healthy L1 (...) population of Polish, a language rich in form distinctions. We study the processing of these four types under two conditions: a single task condition in which the grammaticality of stimuli was judged and a concurrent task condition in which grammaticality judgments were combined with a digit span task. Dividing attention impedes access to declarative memory while leaving procedural memory unaffected and hence constitutes a test that dissociates which types of linguistic information each long-term memory construct subserves.Our findings confirm the existence of a distinction between lexicon and grammar as a generative, dual-route model would predict, but the distinction is graded, as usage-based models assume: the hypothesized grammar–lexicon opposition appears as a continuum on which grammatical phenomena can be placed as being more or less “ruly” or “idiosyncratic.” However, usage-based models, too, need adjusting as not all types of linguistic knowledge are proceduralized to the same extent. This move away from a simple dichotomy fundamentally changes how we think about memory for language, and hence how we design and interpret behavioral and neuroimaging studies that probe into the nature of language cognition. (shrink)

In order to clarify the objectives of bankruptcy, to reveal the true essence of bankruptcy procedure and the origin of legal terms, it is necessary to ascertain the nature of this institute of law, as well as the reasons for its creation and development. This article provides historic analysis of the development of the institute of bankruptcy procedure. For this purpose, a historic comparative research is undertaken in the article, in order to find certain parallels of bankruptcy (...) class='Hi'>procedure under Roman law and the modern bankruptcy procedure. Roman law has been chosen as the most phenomenal ancient law for the purposes of undertaking a historic analysis of the development of bankruptcy procedure. In the authors’ opinion, it it the best example that reveals the origin of bankruptcy procedure, and the reasons for its formation. Analysis of certain private law institutes of Roman law enables the authors to conclude that the main features (principles) of the bankruptcy procedure formed precisely under Roman law: replacement of personal liability by pecuniary; public auction as a form of realization of debtor’s property; transition from selling of debtor’s property as a whole to disposal of property in divided property units; creation of subject, who administers auctions of debtor’s property under oath not to act in selfish purposes; setting of a term of 30 days, during which a debtor has to cover the debts (claims’ dispute resolution); establishment of the institute of informing creditors about initiated procedures of debt retrieval and encouragement to join these procedures; establishment of the ban to recover debts from household items; laying of the foundations of the institute of peace agreement between the debtor and his creditors; establishment of actio Pauliana - a remedy for the protection of creditors rights. The mentioned rules in one way or another eventually have been transferred to legal acts on legal relations in case of bankruptcy of many foreign countries. (shrink)

A new diagnostic modeling system for automatically synthesizing a deep‐structure model of a student's misconceptions or bugs in his basic mathematical skills provides a mechanism for explaining why a student is making a mistake as opposed to simply identifying the mistake. This report is divided into four sections: The first provides examples of the problems that must be handled by a diagnostic model. It then introduces procedural networks as a general framework for representing the knowledge underlying a skill. The challenge (...) in designing this representation is to find one that facilitates the discovery of misconceptions or bugs existing in a particular student's encoding of this knowledge. The second section discusses some of the pedagogical issues that have emerged from the use of diagnostic models within an instructional system. This discussion is framed in the context of a computer‐based tutoring/gaming system developed to teach students and student teachers how to diagnose bugs strategically as well as how to provide a better understanding of the underlying structure of arithmetic skills. The third section describes our uses of an executable network as a tool for automatically diagnosing student behavior, for automatically generating “diagnostic” tests, and for judging the diagnostic quality of a given exam. Included in this section is a discussion of the success of this system in diagnosing 1300 school students from a data base of 20.000 test items. The last section discusses future research directions. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Surprised DivideAnonymous OneAnonymous OneNot long after our daughter was born, my wife and I were expecting a son. We were busy new parents, so her pregnancy with our second child went by quickly and without a lot of the fuss that a first pregnancy brings. To our surprise, our son was born a few weeks early but aside from a little jaundice he was a happy, healthy baby.My parents (...) were caring for our daughter while we were at the hospital. After my son's birth, we were excited for them to bring our daughter up to the hospital to visit her new baby brother. The hospital photographer came by and took photos of our two kids together and photos of our son swaddled and sleeping soundly in a basket. Other family members stopped by to meet the new baby as well. It was a happy time.Little did we know that a couple of hours later we would be faced with a communication breakdown. My wife and I usually pride ourselves on how well we are able to communicate and plan our future.I grew up heavily Catholic, attending parochial schools through high school graduation. Meanwhile, my wife's family are Unitarian Universalists. You could not have two more polar opposite religions! We are used to having different points of view. We have always talked through many of life's choices and have both had to make compromises in order to have a successful relationship. It was on that happy day of my son's birth that we discovered we forgot to discuss one important topic.As our family was gathered in my wife's hospital room, joyfully celebrating the newest addition, the doctor entered the room to check on my wife and said it was time to do the circumcision if we wanted.Without hesitation, I responded in the affirmative, then the doctor and I looked over at my wife, who was staring at us with saddened, conflicted eyes. I was confused. Didn't she want the same thing for our son that I did? Surprisingly we never discussed this decision, at least not that I remember. I don't recall her ever telling me she was against it.My wife stated that she wasn't prepared to make a decision because she didn't know what our son would want and she was worried about him experiencing pain. She worked hard for 9 months to grow this baby boy, and he was so little. I understood her anguish in the thought of letting someone alter his tiny body.I am circumcised myself. My background provided me guidance and an expectation that this would be happening, so it was a nonissue for me. I never considered a scenario in which my son would not be circumcised. In truth, it felt ridiculous to even contemplate not circumcising him. My words of reassurance that it would be fine and my explanation to my wife that this was just one of the many decisions we would need to make for him and our other child did little to settle her.It was clear that no one (including me) had discussed this with my wife prior to this point, which was unfortunate. The doctor described the process and tried to reassure my wife that it was a safe and minor procedure. This still left my wife in a conflicted state. The other men in my family there visiting at the time chimed in to reassure my wife that this is what our son would want. She reluctantly agreed to the circumcision, giving in to peer pressure I suppose. I'm confident that an alliance of circumcised men telling her that our son would also want to be circumcised is what swayed her. Frankly, I'm glad they happened to be there when the doctor stopped by to help back up my position.But while our son was out of the room undergoing his procedure, my wife remained conflicted and saddened. We were both surprised at each other's response. My opinion on this was coming from the position of expectation and tradition, while she was worried about not knowing... (shrink)

ABSTRACT The idea that the extension of a chemical substance is fixed by determining what stands in the relation of being the same substance to a paradigm sample plays a substantial role in chemistry, and procedures of identification that don’t make direct use of the method can be traced back to ones that do. But paradigm samples are not typically selected by ostension, as in Putnam’s version of this procedure. The relevance of ostension is questioned after a (...) discussion of the establishment of paradigm specimens in the analysis of some contents of crude oil and an examination of the general features of the same-substance relation that takes into account the temporal dependency and the consequent role of characteristic features of substances. 1Introduction 2Some Formal Properties of the Same-Substance Relation 3Characteristic Properties and Paradigm Samples 4Naming Substances Old and New 5Some Points of Comparison with Temperature 6Summary and Conclusion. (shrink)

This book represents a collection of twelve previously published and two new papers. The previously published papers are said to have been revised and to some extent even rewritten. As with most collections of this sort, there is inevitable overlap and repetition among the papers as well as some disparity of purpose, and the prospective reader should not expect a unified account of Spinoza's philosophy as a whole. Rather, its author discusses what he calls 'various particularly teasing problems that arise (...) out of Spinoza's thought... and the way in which certain recent and contemporary commentators have addressed them". The book is divided into three parts. The first deals with "Epistemology and Metaphysics," the second with "Politics and Religion," and the third covers "Spinoza and His Successors." Parts 1 and 3 go better together than one might expect, but Part 2 covers rather different materials and seems to answer to different concerns. The three papers on Spinoza's treatment of natural law, the original contract, and the question of whether there is an esoteric doctrine in the Tractatus seem to have little to do with substance. Though the title of the book is intended to be ambiguous, suggesting that the book deals both with the doctrine of substance in Spinoza and the substance of Spinoza's philosophy, this artifice is but scant justification for including moral and political considerations in a book that is primarily about metaphysical and epistemological concerns. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:BOOK REVIEWS Substance and Modern Science. By R. J. CONNELL. Houston: Center for Thomistic Studies, U. of St. Thomas (Distributed by U. of Notre Dame Press), 1988. 280 pp., Bibliography, Index. $30 (cloth), $17 (paper) • This is a work in the philosophy of nature, more Aristotelean than Thomistic in orientation. The author's particular interest is in the existence, nature, and multiplicity of natural substances. The text is (...) divided into a Preface, 23 relatively short chapters, and an Epilogue emphasizing the importance of " substance " as a natural rather than as a metaphysical consideration (p. 236; cf. pp. 33-34). The metaphysical consideration of substance can only come later, after the existence of non-physical entities has been established. There is also an Appendix summarizing Aristotle's three principles of change. In the Appendix he states: To summarize, then, we may say that coming to he requires three dis· tinct principles: subject, term, and privation. Stated in the words we employed in the earlier chapters, coming to be requires a material, a structure, and a privation of the structure that is acquired (p. 242). The author's intention is to present the position of Aristotle in contemporary dress, using Aquinas's commentary on the Physics as an aid in understanding Aristotle (p. v). Near the end of the work he states, " But apart from the difference in language, the position we have defended here was that of not only Aquinas but Aristotle before him" (p. 210). Given the widespread acceptance today, largely under the influence of modern science, of mechanistic, reductionistic, and even monistic, doctrines concerning nature, the question of whether or not Nature is an orderly collection of natures is an extremely important one. Is reality divided into a multiplicity of separate and semi-independent substance-things or is it only a collection of insubstantial property-things? Part I, chapters 1 to 5, discusses the reality of substance. Everyone admits that properties, that is, the various observed traits which qualify things, are real. The real is " that which exists; " and for the purpose of distinguishing intramental from extramental reality we can add "Outside the mind and imagination" (p. 11). A property is defined as "that which exists in another as in a subject" (p. 12). The "as in a subject" part is important because " One reality can be in another 331 BOOK REVIEWS in many ways" (loc. cit.) and it is significant that a prope.rty is in. a subject in a certain way, namely, as dependent on the sub1ect for its existence. A substance is defined as " that which exists in itself (or by itself) and not in another as in a subject" (p. 13). As an example of what a substance is, we ourselves are the most obvious cases of such rela· tively independent things. I recognize myself as the stable foundation for properties. However, being a substance does not mean having an unqualified permanence and independence. Substances are not absolute. Neither are they necessarily absolutely simple and uncomposed. Although a truly elementary particle is undoubtedly a substance, from what we know so far, any statement that claims substance is necessarily simple is gratuitous; whether this is or is not so is one of the principal issues to be considered in this book (p. 14). The main villain in modern philosophy when it comes to an attempted elimination of substance is David Hume. Hume's position, however, which attempted to dissolve all substantial unities into mere bundles of properties somehow existing all on their own, and which formed the basis for later process philosophies, cannot stand up to the evidence of ordinary experience. Hume cannot explain how one property can modify another or how a mere collection of properties can constitute the unity of a natural thing such as an individual plant, animal, or man. When considering whether the world is composed of substance· things with properties, or property-things all on their own, we must take into account both observation and logic. In any philosophical approach to reality ordinary experience must he given the basic and primary role. Starting with the reality of properties, and realizing that they cannot go on inhering in each other or in... (shrink)

Among Leibniz’s contributions to the philosophy of mind, two topics bear relevance to contemporary discussions in cognitive sciences: the mind-body problem, and the universal language. Leibniz’s deterministic view rejects inter-substance causality between mental and bodily states, as well as between mental or bodily states of different individuals. In addition, Leibniz believed in the need to enhance communication through a universal language based on symbolic representations. Here I reconsider Leibniz’s ideas in the light of experimental evidence coming from mirror neurons. (...) These recently discovered brain cells, responsive to both action execution and observation, are thought to enable the interpretation of the action performer’s intentions through their representation in the observer’s own brain, thus storing embodied shared representations. I propose that mirror neurons’ cross-modal responsiveness, whereby seeing an action being performed by somebody else triggers similar neural response to that of performing that action oneself, can be interpreted as an instantiation of intersubstance causality. I suggest that mirror neurons’ properties speak not only to the non-dualistic equation, supported by brain science in general, whereby in a given individual, mental states arise from bodily states but also introduce the possibility that bodily states may arise from someone else’s bodily states. In addition, I propose that this automatic embodied flow of information between individuals (from performer to observer) bears relevance to Leibniz’s intuitions on symbols. Specifically, I suggest that the shared representations stored in mirror neurons, thought to enable the interpretation of the action performer’s intentions, may be seen as a biological instantiation of Leibniz’s planned, but never realized, universal characteristic. (shrink)

The new science of genomics endeavors to chart the genomes of individuals around the world, with the dual goals of understanding the role genetic factors play in human health and solving problems of disease and disability. From the perspective of indigenous peoples and developing countries, the promises and perils of genomic science appear against a backdrop of global health disparity and political vulnerability. These conditions pose a dilemma for many communities when attempting to decide about participating in genomic research or (...) any other biomedical research. Genomic research offers the possibility of improved technologies for managing the acute and chronic diseases that plague their members. Yet, the history of particularly biomedical research among people in indigenous and developing nations offers salient examples of unethical practice, misuse of data, and failed promises. This dilemma creates risks for communities who decide either to participate or not to participate in genomic science research. Some argue that the history of poor scientific practice justifies refusal to join genomic research projects. Others argue that disease poses such great threats to the well-being of people in indigenous communities and developing nations that not participating in genomic research risks irrevocable harm. Thus, some communities particularly among indigenous peoples have declined to participate as subjects in genomic research. At the same time, some communities have begun developing new guidelines, procedures, and practices for engaging with the scientific community that offer opportunities to bridge the gap between genomic science and indigenous and/or developing communities. Four new approaches warrant special attention and further support: consulting with local communities; negotiating the complexities of consent; training members of local communities in science and health care; and training scientists to work with indigenous communities. Implicit is a new definition of “rigorous scientific research,” one that includes both community development and scientific progress as legitimate objectives of genomic research. Innovative translational research is needed to develop practical, mutually acceptable methods for crossing the divide between genomic researchers and indigenous communities. This may mean the difference between success and failure in genomic science, and in improving health for all peoples. (shrink)

Purpose This study aims to endeavor to explore the extent of gender digital divide in Uttar Pradesh, a most populous state of India, with a particular focus on the first and second order of digital divide, including availability, access time and use of the internet. Design/methodology/approach The authors have adopted stratified multistage sampling procedure for this research and conducted an empirical study on the data set of 600 respondents of six districts of U.P. to perform the inter-regional (...) analysis. Furthermore, χ2 method has been used to reveal the factors responsible for the GDD among selected districts of UP. Findings Statistical results clearly indicate that out of 12 sub-districts, most of the districts suffered from first order as well as second order of GDD, and this gender disparity within an increasing digitization environment is due to the existence of exclusion from basic technological skills, social norms and financial constraints. Practical implications The results have implications for the U.P. Government in general and policymakers behind digitization projects in particular as well as the promoters of gender equality including researchers and fellows. Originality/value This study is the first to illustrate the orders of the digital gender gap in a developing economy such as India and to gain an insight into the factors behind it. This research will also consider a promising avenue for future work. (shrink)

The development of the circular dividing engine in England is traced from Henry Hindley and Jesse Ramsden through the improvements introduced by Ramsden's successors to the self-acting engine of William Simms. Particular emphasis is given to the invention, evolution and transmission of the methods used to achieve accuracy in: dividing the wheel; ratching the teeth and matching them to the endless screw; and mounting the cutter. The procedures adopted by Ramsden and Troughton for correcting initial dividing marks are also described.

Despite the notions of possible worlds and substances are very important subjects of contemporary metaphysics, there are relatively few attempts to combine these in a united framework. This paper considers the metaphysical model of the origins and the evolution of possible worlds that occurs from an interaction between substances. I involve Leibniz’s doctrine of the striving possibles that every possibility of substance has its own essence and tendency towards existence. It is supposed that the activities of substances are constantly (...) aimed at using this tendency in all possible ways. Only the consistent and stable interactions between the substances give birth to stable objects in one of many worlds. Thus activity of substances changes from the possible modality of being to the actual modality of being in form of existence of the worlds. I divide substance’s possibility into two aspects—dynamic (possible or virtual history) and static (possible or potential mutual state). Thanks to the summation of virtual histories, in the possible modality of being, the maximal number of virtual histories is combined into the actual history in the actual modality. (shrink)

There are two possible ways to understand form and substance in legal reasoning. The first refers to the distinction between concepts and their applications, whereas the second concentrates on the difference between authoritative and non-authoritative reasons. These approaches refer to the formalistic and positivistic conceptions of the law, the latter being the author's point of departure. Nevertheless, they are both helpful means of analysis in legal interpretation. Interpretation is divided into formal and substantive justification. They have certain functions and (...) they are utilized in interaction. Authoritative reasons and formal reasoning constitute the necessary point of departure. However, substantive reasons are also necessary in order to justify choices included in interpretation. In addition to formal and substantive reasoning, the role of legal concepts is analysed. (shrink)