Unlike some other reproductions of classic texts (1) We have not used OCR(Optical Character Recognition), as this leads to bad quality books with introduced typos. (2) In books where there are images such as portraits, maps, sketches etc We have endeavoured to keep the quality of these images, so they represent accurately the original artefact. Although occasionally there may be certain imperfections with these old texts, we feel they deserve to be made available for future generations to enjoy.

The United Nations Convention on the Rights of Persons with Disabilities, adopted on December 13, 2006, and entered into force on May 3, 2008, constitutes a key landmark in the emerging field of global health law and a critical milestone in the development of international law on the rights of persons with disabilities. At the time of its adoption, the U.N. High Commissioner for Human Rights heralded the CRPD as a rejection of the understanding of persons with disabilities “as objects (...) of charity, medical treatment and social protection” and an embrace of disabled people as “subjects of rights.”The text of the Convention itself, and the highly participatory process by which it was negotiated, signal a definitive break from previous international approaches that focused on disability within a medical model framework. In contrast to traditional approaches, the CRPD embraces a social model of disability, concentrating the disability experience not in individual deficiency, but in the socially constructed environment and the barriers that impede the participation of persons with disabilities in society. (shrink)

This article reviews the contributions of the UN Convention on the Rights of Persons with Disabilities to the progressive development of both international human rights law and global health law and governance. It provides a summary of the global situation of persons with disabilities and outlines the progressive development of international disability standards, noting the salience of the shift from a medical model of disability to a rights-based social model reflected in the CRPD. Thereafter, the article considers the Convention's structure (...) and substantive content, and then analyzes in specific detail the particular contributions of the Convention to health and human rights law and global health governance. It concludes with an exploration of the potential implications of the CRPD's innovations for some of the most pressing issues in global health governance, including the Convention's contributions to the principle of participation in decision-making. (shrink)

Allyne L. Smith, Jr.; Personhood: Beginnings and Endings, Christian bioethics: Non-Ecumenical Studies in Medical Morality, Volume 6, Issue 1, 1 January 2000, Pa.

In this book, which thoroughly revises and greatly expands his classic work Sameness and Substance, David Wiggins retrieves and refurbishes in the light of twentieth-century logic and logical theory certain conceptions of identity, of substance and of persistence through change that philosophy inherits from its past. In this new version, he vindicates the absoluteness, necessity, determinateness and all or nothing character of identity against rival conceptions. He defends a form of essentialism that he calls individuative essentialism, and then a (...) form of realism that he calls conceptualist realism. In a final chapter he advocates a human being-based conception of the identity and individuation of persons, arguing that any satisfactory account of personal memory must make reference to the life of the rememberer himself. This important book will appeal to a wide range of readers in metaphysics, philosophical logic, and analytic philosophy. (shrink)

In modern democratic societies, the plurality of differing and conflicting moral doctrines stands alongside a commitment to resolve political disputes through the use of moral reasoning. Given the fact of moral pluralism, how can there be moral resolutions to political disputes? What type of moral reasoning is appropriate in the public sphere? These questions are explored through a close and critical analysis of the work of Alasdair MacIntyre and Rawls. In this book it is argued that the anti-Enlightenment work of (...) Alasdair MacIntyre, along with post-modernists, fails on epistemological, ethical, and political grounds, while in contrast, Rawls's 'core conception of reasonableness,' which is a type of political reasoning carried out 'in the manner of' the Enlightenment, is better placed to successfully respond to the moral disputes of contemporary politics. The practical application of these ideas is also explored in discussions of civic education and global distributive justice. (shrink)

Lipsey and Lancaster's "general theory of second best" is widely thought to have significant implications for applied theorizing about the institutions and policies that most effectively implement abstract normative principles. It is also widely thought to have little significance for theorizing about which abstract normative principles we ought to implement. Contrary to this conventional wisdom, I show how the second-best theorem can be extended to myriad domains beyond applied normative theorizing, and in particular to more abstract theorizing about the normative (...) principles we should aim to implement. I start by separating the mathematical model used to prove the second-best theorem from its familiar economic interpretation. I then develop an alternative normative-theoretic interpretation of the model, which yields a novel second best theorem for idealistic normative theory. My method for developing this interpretation provides a template for developing additional interpretations that can extend the reach of the second-best theorem beyond normative theoretical domains. I also show how, within any domain, the implications of the second-best theorem are more specific than is typically thought. I conclude with some brief remarks on the value of mathematical models for conceptual exploration. (shrink)

Artificial intelligence has historically been conceptualized in anthropomorphic terms. Some algorithms deploy biomimetic designs in a deliberate attempt to effect a sort of digital isomorphism of the human brain. Others leverage more general learning strategies that happen to coincide with popular theories of cognitive science and social epistemology. In this paper, I challenge the anthropomorphic credentials of the neural network algorithm, whose similarities to human cognition I argue are vastly overstated and narrowly construed. I submit that three alternative supervised learning (...) methods—namely lasso penalties, bagging, and boosting—offer subtler, more interesting analogies to human reasoning as both an individual and a social phenomenon. Despite the temptation to fall back on anthropomorphic tropes when discussing AI, however, I conclude that such rhetoric is at best misleading and at worst downright dangerous. The impulse to humanize algorithms is an obstacle to properly conceptualizing the ethical challenges posed by emerging technologies. (shrink)

The number and the scale of transboundary public health concerns are increasing. Infectious and non-communicable diseases, international trade in tobacco, alcohol, and other dangerous products as well as the control of the safety of health services, pharmaceuticals, and food are merely a few examples of contemporary transnationalization of health concerns. The rapid development and diffusion of scientific and technological developments across national borders are creating new realms of international health concern, such as aspects of biomedical science, including human reproductive cloning, (...) germ-line therapy, and xenotransplantation, as well as environmental health problems, including climate change, biodiversity loss, and depletion of the ozone layer. Growth in international trade and travel, in combination with population growth, has served to increase the frequency and intensity of health concerns bypassing or spilling over sovereign boundaries.Although health has traditionally been seen an area of limited multilateral cooperation, there is growing awareness that contemporary globalization has led to the proliferation of cross border determinants of health status and is undermining the capacity of nation states to protect health through domestic action alone. (shrink)

The number and the scale of transboundary public health concerns are increasing. Infectious and non-communicable diseases, international trade in tobacco, alcohol, and other dangerous products as well as the control of the safety of health services, pharmaceuticals, and food are merely a few examples of contemporary transnationalization of health concerns. The rapid development and diffusion of scientific and technological developments across national borders are creating new realms of international health concern, such as aspects of biomedical science, including human reproductive cloning, (...) germ-line therapy, and xenotransplantation, as well as environmental health problems, including climate change, biodiversity loss, and depletion of the ozone layer. Growth in international trade and travel, in combination with population growth, has served to increase the frequency and intensity of health concerns bypassing or spilling over sovereign boundaries.Although health has traditionally been seen an area of limited multilateral cooperation, there is growing awareness that contemporary globalization has led to the proliferation of cross border determinants of health status and is undermining the capacity of nation states to protect health through domestic action alone. (shrink)

A collection of 14 essays honoring the life and work of Oxford philosopher Wiggins touching on topics from ancient philosophy to ethics, metaphysics and the theory of meaning. The contributing scholars debate many of the seminal issues of Wiggins' work, including the determinancy of distinctness, relative identity, naturalism in ethics, logic and truth in moral judgments, and the practical wisdom of Aristotle. The collection uniquely features replies by Wiggins to each of the papers. Annotation copyright by Book News, Inc., Portland, (...) OR. (shrink)

Drawing on work of the past decade, this volume brings together articles from the philosophy, history, and sociology of science, and many other branches of the biological sciences. The volume delves into the latest theoretical controversies as well as burning questions of contemporary social importance. The issues considered include the nature of evolutionary theory, biology and ethics, the challenge from religion, and the social implications of biology today (in particular the Human Genome Project).

The lack of medical availability of effective pain medication is an enduring and expanding global health calamity. Despite important medical advances, pain remains severely under-treated worldwide, particularly in developing countries. This article contributes to the discussion of this global health crisis by considering international legal and institutional mechanisms to promote wider accessibility to critical narcotic drugs for pain relief.

Important medical advances over the last several decades have vastly improved the technical capacity to control human pain. Millions of patients suffering from cancer, HIV/AIDS, and other conditions have been able to find relief from incapacitating chronic and acute pain. However, despite these developments, pain remains severely under treated worldwide, particularly in developing countries. The tragic consequence is that for millions of people around the globe, excruciating pain is an inescapable reality of life.

Professional and popular publications have increasingly depicted native peoples of Amazonia as “natural” conservationists or as people with an innate “conservation ethic.” A few classic examples are cited repeatedly to advance this argument with the result that these cases tend to be generalized to all indigenous peoples. This paper explores the premise that many of these systems of resource conservation come from areas of Amazonia where human survival depends on careful management of the subsistence base and not from a culturally (...) imbedded “conservation ethic.” Where resource constraints do not pertain, as in the case of the Yuquí of lowland Bolivia, such patterns are unknown. Finally, the negative consequences of portraying all native peoples as natural conservationists is having some negative consequences in terms of current struggles to obtain indigenous land rights. (shrink)

This essay surveys four recent theological works on the issue of personhood: John F. Crosby's The Selfhood of the Human Person, Stanley Rudman's Concepts of Person and Christian Ethics, Metropolitan Hierotheos Vlachos' The Person in the Orthodox Tradition, and James Walter's What is a Person? An Ethical Exploration.

According to dispositionalism about modality, a proposition <p> is possible just in case something has, or some things have, a power or disposition for its truth; and <p> is necessary just in case nothing has a power for its falsity. But are there enough powers to go around? In Yates (2015) I argued that in the case of mathematical truths such as <2+2=4>, nothing has the power to bring about their falsity or their truth, which means they come out both (...) necessary and not possible. Combining this with axiom (T), it is easy to derive a contradiction. I suggested that dispositionalists ought to retreat a little and say that <p> is possible just in case either p, or there is a power to bring it about that p, grounding the possibility of mathematical propositions in their truth rather than in powers. Vetter’s (2015) has the resources to provide a response to my argument, and in her (2018) she explicitly addresses it by arguing for a plenitude of powers, based on the idea that dispositions come in degrees, with necessary properties a limiting case of dispositionality. On this view there is a power for <2+2=4>, without there being a power to bring about its truth. In this paper I argue that Vetter’s case for plenitude does not work. However, I suggest, if we are prepared to accept metaphysical causation, a case can be made that there is indeed a power for <2+2=4>. (shrink)

Why study notations, diagrams, or more broadly the variety of nonverbal “representations” or “signs” that are used in mathematical practice? This chapter maps out recent work on the topic by distinguishing three main philosophical motivations for doing so. First, some work (like that on diagrammatic reasoning) studies signs to recover norms of informal or historical mathematical practices that would get lost if the particular signs that these practices rely on were translated away; work in this vein has the potential to (...) broaden our view of the specific normativity of mathematics beyond logical proof. Second, some work focuses on signs to highlight the open-ended and “nonrigorous” aspects of mathematical practice, and the role of these aspects in the historical development of mathematics. The third motivation is based on the following observation: the reason differences in signs matter in mathematics is that humans are finite agents, with cognitive and computational limitations. Accordingly, studying signs can be a way to study how human computational constraints shape the mathematics that we do, and to tackle the topic of mathematical understanding. (shrink)

The typical kind of color realism is reductive: the color properties are identified with properties specified in other terms (as ways of altering light, for instance). If no reductive analysis is available — if the colors are primitive sui generis properties — this is often taken to be a convincing argument for eliminativism. That is, realist primitivism is usually thought to be untenable. The realist preference for reductive theories of color over the last few decades is particularly striking in light (...) of the generally anti-reductionist mood of recent philosophy of mind. The parallels between the mind—body problem and the case of color are substantial enough that the difference in trajectory is surprising. While dualism and non-reductive physicalism are staples, realist primitivism is by and large a recent addition to the color literature. And it remains a minority position, although one that is perhaps gaining support. In this paper, we investigate whether it should be accepted, and conclude it should not be. (shrink)

Why do we have obligations to the community to which we happen to belong? For communitarians, membership does more than provide the context for asking this question. In fact, the simple fact of membership goes some way towards justifying our obligations. According to the strong version of the communitarian thesis, membership is the fundamental consideration justifying political obligation; but for the weaker version, membership is one consideration among others and at times may be the less weighty one. John Horton's theory (...) of associative obligations can be read as moving back and forth between strong and weak communitarianism. His communitarianism is strong when he rejects value pluralism, arguing that one consideration, membership, is fundamental. However, Horton also advances claims that are compatible with not only the weak version of the communitarian thesis but also value pluralism. They suggest that, if membership is one reason among others to justify obligations, it is not fundamental as it can be defeated by other considerations. (shrink)

We propose a formal framework for interpretable machine learning. Combining elements from statistical learning, causal interventionism, and decision theory, we design an idealised explanation game in which players collaborate to find the best explanation for a given algorithmic prediction. Through an iterative procedure of questions and answers, the players establish a three-dimensional Pareto frontier that describes the optimal trade-offs between explanatory accuracy, simplicity, and relevance. Multiple rounds are played at different levels of abstraction, allowing the players to explore overlapping causal (...) patterns of variable granularity and scope. We characterise the conditions under which such a game is almost surely guaranteed to converge on a optimal explanation surface in polynomial time, and highlight obstacles that will tend to prevent the players from advancing beyond certain explanatory thresholds. The game serves a descriptive and a normative function, establishing a conceptual space in which to analyse and compare existing proposals, as well as design new and improved solutions. (shrink)

Recent debate over World Health Organization reform has included unprecedented attention to international lawmaking as a future priority function of the Organization. However, the debate is largely focused on the codification of new binding legal instruments. Drawing upon lessons from the success of the Global AIDS Reporting Mechanism, established pursuant to the United Nations' Declaration of Commitment on HIV/AIDS, we argue that effective global health governance requires consideration of a broad range of instruments, both binding and nonbinding. A detailed examination (...) of the Global AIDS Reporting Mechanism reveals that the choice of the nonbinding format makes an important contribution to its effectiveness. For instance, the flexibility and adaptability of the nonbinding format have allowed the global community to: (1) undertake commitments in a timely manner; (2) adapt and experiment in the face of a dynamic pandemic; and (3) grant civil society an unparalleled role in monitoring and reporting on state implementation of global commitments. UNAIDS' institutional support has also played a vital role in ensuring the continuing effectiveness of the Global AIDS Reporting Mechanism. Overall, the experience of the Global AIDS Reporting Mechanism evidences that, at times, nimbler nonbinding instruments can offer benefits over slower, more rigid binding legal approaches to governance, but depend critically, like all instruments, on the perceived legitimacy thereof. (shrink)

In recent debates surrounding World Health Organization reform, international lawmaking has received unprecedented attention as a future priority function of the Organization. Although WHO's constitutional lawmaking authority was historically neglected and even resisted by WHO and its Member States until the adoption of its first treaty a decade ago, the widespread consensus in favor of a central role for lawmaking in visions of a reformed WHO reflects the crystallization of contemporary approaches to global health governance. Today it is widely recognized (...) that the trends toward globalization that have restricted the capacity of sovereign states to protect health through unilateral action alone have made innovative mechanisms to promote global cooperation and coordination, including international lawmaking, an essential component of governance of public health. (shrink)

This is an in-depth study of J.G. Fichte’s philosophy of mathematics and theory of geometry. It investigates both the external formal and internal cognitive parallels between the axioms, intuitions and constructions of geometry and the scientific methodology of the Fichtean system of philosophy. In contrast to “ordinary” Euclidean geometry, in his Erlanger Logik of 1805 Fichte posits a model of an “ursprüngliche” or original geometry – that is to say, a synthetic and constructivistic conception grounded in ideal archetypal elements that (...) are grasped through geometrical or intelligible intuition. -/- Accordingly, this study classifies Fichte’s philosophy of mathematics as a whole as a species of mathematical Platonism or neo-Platonism, and concludes that the Wissenschaftslehre itself may be read as an attempt at a new philosophical mathesis, or “mathesis of the mind.” -/- “This work testifies to the author's exact and extensive knowledge of the Fichtean texts, as well as of the philosophical, scientific and historical contexts. Wood has opened up completely new paths for Fichte research, and examines with clarity and precision a domain that up to now has hardly been researched.” Professor Dr. Marco Ivaldo -/- “This study, written in a language distinguished by its limpidity and precision, and constantly supported by a close reading of the Fichtean texts and secondary literature, furnishes highly detailed and convincing demonstrations. In directly confronting the difficult historical relationship between the Wissenschaftslehre and mathematics, the author has broken new ground that is at once stimulating, decidedly innovative, and elegantly audacious.” Professor Dr. Emmanuel Cattin. (shrink)

In 1962, the philosopher Richard Taylor used six commonly accepted presuppositions to imply that human beings have no control over the future. David Foster Wallace not only took issue with Taylor's method, which, according to him, scrambled the relations of logic, language, and the physical world, but also noted a semantic trick at the heart of Taylor's argument. _Fate, Time, and Language_ presents Wallace's brilliant critique of Taylor's work. Written long before the publication of his fiction and essays, Wallace's (...) thesis reveals his great skepticism of abstract thinking made to function as a negation of something more genuine and real. He was especially suspicious of certain paradigms of thought-the cerebral aestheticism of modernism, the clever gimmickry of postmodernism-that abandoned "the very old traditional human verities that have to do with spirituality and emotion and community." As Wallace rises to meet the challenge to free will presented by Taylor, we witness the developing perspective of this major novelist, along with his struggle to establish solid logical ground for his convictions. This volume, edited by Steven M. Cahn and Maureen Eckert, reproduces Taylor's original article and other works on fatalism cited by Wallace. James Ryerson's introduction connects Wallace's early philosophical work to the themes and explorations of his later fiction, and Jay Garfield supplies a critical biographical epilogue. (shrink)

I argue that virtual reality is a sort of genuine reality. In particular, I argue for virtual digitalism, on which virtual objects are real digital objects, and against virtual fictionalism, on which virtual objects are fictional objects. I also argue that perception in virtual reality need not be illusory, and that life in virtual worlds can have roughly the same sort of value as life in non-virtual worlds.

This paper distinguishes two ways in which to think about the freedom of extremists. Non-pluralists claim to have identified the general rule for resolving moral conflicts, and conceptualize freedom as liberty of action in accordance with that rule. It follows, if extremist violence breaks the rule in question, removing this option does not infringe the freedom of extremists. In contrast, for pluralists there is no one general rule to resolve moral conflicts, and freedom is simply the absence of interference. I (...) argue here that pluralism provides a principled defense of freedom, as it allows us to see that removing options from extremists is worse, on prima facie grounds, than not doing so. Also, non-pluralists cannot show that they have identified the general rule for resolving moral conflicts, and in particular, are forced to rely on quite different principles altogether when justifying paternalistic responses to extremism. (shrink)

There is an emerging consensus that we are experiencing radical change in the way that science is organized and performed. Frequently described as a shift from Mode 1 to Mode 2, this view emphasizes application, transdisciplinarity, collaboration, and accountability. This article examines the ways in which U.K. public sector scientists make sense of scientific endeavor. The data reveal that the extent to which science is being constructed varied both across and between institutions. Data highlight how individual scientists weave their own (...) paths through the changing discourses of science, constructing new understandings that do not fit neatly into any binary framework for understanding. (shrink)

RésuméSelon le scepticisme anarchiste d'A. John Simmons, il n'y a pas d'obligation d'obéir à la loi dans l’état actuel des choses, car les obligations légales n'ont de légitimité que lorsqu'elles sont volontairement contractées par la plupart ou de nombreux citoyens. Cependant, la sensibilité de Simmons à la diversité des raisons et à la possibilité d'un conflit non résolu suggère une position alternative pluraliste. Celle-ci montre que les fondements de l'autorité légitime sont pluriels et incluent la justice distributive. En outre, même (...) les obligations contractées volontairement peuvent être annulées par des raisons contradictoires, comme lorsque nous sommes liés par le devoir à un régime injuste. (shrink)

In situations where we ought to tolerate what we morally disapprove of we are faced with the following moral conflict: we ought to interfere with X, we ought to tolerate X, we can do either, but we cannot do both. And the aim of this paper is to clarify the relationship between toleration as a value commitment and value pluralist and value monist approaches to moral conflict. Firstly, value monists side-step the moral conflict at the heart of toleration. Nonetheless, secondly, (...) it is not the case that toleration as a value commitment is entailed by value pluralism. Rather, the value pluralist line of argument that can be defended is that toleration is simply one value among others, that there is no general rule showing that it has priority over other values, but also that it cannot be excluded altogether as a value. (shrink)

Die theoretische Logik, auch mathematische oder symbolische Logik genannt, ist eine Ausdehnung der fonnalen Methode der Mathematik auf das Gebiet der Logik. Sie wendet fUr die Logik eine ahnliche Fonnel­ sprache an, wie sie zum Ausdruck mathematischer Beziehungen schon seit langem gebrauchlich ist. In der Mathematik wurde es heute als eine Utopie gelten, wollte man beim Aufbau einer mathematischen Disziplin sich nur der gewohnlichen Sprache bedienen. Die groBen Fortschritte, die in der Mathematik seit der Antike gemacht worden sind, sind zum (...) wesentlichen Teil mit dadurch bedingt, daB es gelang, einen brauchbaren und leistungsfahigen Fonnalismus zu finden. - Was durch die Formel­ sprache in der Mathematik erreicht wird, das solI auch in der theoretischen Logik durch diese erzielt werden, namlich eine exakte, wissenschaftliche Behandlung ihres Gegenstandes. Die logischen Sachverhalte, die zwischen Urteilen, Begriffen usw. bestehen, finden ihre Darstellung durch Formeln, deren Interpretation frei ist von den Unklarheiten, die beim sprachlichen Ausdruck leicht auftreten konnen. Der Dbergang zu logischen Folgerungen, wie er durch das SchlieBen geschieht, wird in seine letzten Elemente zerlegt und erscheint als fonnale Umgestaltung der Ausgangsfonneln nach gewissen Regeln, die den Rechenregeln in der Algebra analog sind; das logische Denken findet sein Abbild in einem LogikkalkUl. Dieser Kalkiil macht die erfolgreiche Inangriffnahme von Problemen moglich, bei denen das rein inhaltliche Denken prinzipiell versagt. Zu diesen gehort z. B. (shrink)

Interpretation -- Introduction -- Interpreting Plato -- The political culture of Plato's early dialogues -- Dialogue -- Character and history -- The mouthpiece principle -- Forms of evidence -- Desire -- Socrates and eros -- The subjectivist conception of desire -- Instrumental and terminal desire -- Rational and irrational desires -- Desire in the critique of Akrasia -- Interpreting Lysis -- The deficiency conception of desire -- Inauthentic friendship -- Platonic desire -- Antiphilosophical desires -- Knowledge -- Excellence as wisdom (...) -- The epistemic unity of excellence -- Dunamis and technê -- Goodness and form -- The epistemological priority of definitional knowledge -- Ordinary ethical knowledge -- Method -- The Socratic fallacy -- Socrates' pursuit of definitions -- Hupothesis -- Two postulates -- The geometrical illustration -- Geometrical analysis -- The method of reasoning from a postulate -- Elenchus and hupothesis -- Knowledge and aitia -- F-conditions -- Cognitive security -- Aporia -- Forms of aporia -- Dramatic aporia -- The example of Charmides -- Charmides as autobiography -- The politics of Sôphrosunê -- Critias' Philotimia -- Self-knowledge and the knowledge of knowledge -- Knowledge of knowledge and knowledge of the good -- Philosophy and the polis. (shrink)

The COVID-19 pandemic has highlighted the difficult task of balancing access to misinformation with respect for patient decision-making. Due to its innate antagonism, the paradigm of “physician paternalism” versus “patient autonomy” may not adequately capture the clinical relationship. The authors hypothesized that most patients would, in fact, prefer significant physician input as opposed to unopinionated information when making medical decisions. There is a lack of empirical data corroborating this in the United States. To that end, a survey was distributed to (...) 650 individuals through Amazon Mechanical Turk, of which 499 responses met pre-determined quality criteria. Most respondents believed their doctor's insight would be better than their own if injured or gravely ill. When asked to affirm preferences separately, a significantly higher proportion of respondents preferred guidance from their doctor when making medical decisions compared to being presented with unopinionated information ( p < 0.001). Encouragingly, 93.1% believed that the doctor's primary goal was their health. When asked directly to compare physician guidance to unopinionated information, 69.1% respondents stated they would prefer physician guidance. We found a consistent association between educational/economic background and affirmative responses ( p < 0.001), suggesting particular attention should be paid to patients that are disadvantaged with respect to these demographic factors. The belief in a shared goal, and a consistent preference for physician input, suggests that patients endorse a more collaborative view of the clinical dynamic than is suggested by the paternalism-autonomy paradigm. This pilot study suggests physicians should not be afraid to communicate conviction with regard to treatment decisions. (shrink)

As a legitimate authoritative directive is a second-order reason, it defeats conflicting reasons by a process of exclusion. Nonetheless, a legitimate authoritative directive can be defeated by more weighty reasons, including, as I argue in this paper, the more weighty reasons it excludes. This is part of a value pluralist conception of authority, according to which there is no general rule for the resolution of conflicting reasons. And I advance this argument in response to the work of Joseph Raz. Although (...) Raz is a value pluralist, he posits a general rule for the resolution of some conflicts: namely, that an exclusionary reason cannot be defeated by a (more weighty) reason it excludes. This represents a weak version of value pluralism. My argument is that Raz does not succeed in his efforts to show that this general rule either better ensures conformity with reason or that it is justified by commitment to autonomy. (shrink)

In 1215 the Fourth Lateran Council banned priestly involvement in the unilateral judicial ordeal, thus effectively bringing to an end the centuries-old practice of appealing to the judicium Dei as a means of resolving legal disputes. This article explores the reasons behind this seminal development in Western legal history; its principal theme is that they are more complex than modern scholars have allowed. Detailed consideration is given to the canonico-theological criticisms specifically aimed at the ordeal by contemporary critics, as well (...) as to the sweeping reforms of ecclesiastical criminal procedure initiated by Pope Innocent III in the closing years of the 12th century. It will be argued that although these factors contributed to the demise of the ordeal, they do not account for the decision to abandon it. When placed in its proper legislative context, it will be seen that that decision was a product of a long-standing campaign by Church reformers to secure the spiritual mission of the clergy by establishing a clear division of labour between the ecclesiastical order and the secular world. Finally, it will be argued that the ordeal was abandoned because Church reformers regarded it as irrational and, consequently, that the claim that it only came to be seen as irrational because it was abandoned, should be rejected. (shrink)

Whether regarded as a perplexing object, a morally captivating force, an ineffable entity beyond language, or an inescapably embodied human practice, music has captured philosophically inclined minds since time immemorial. In turn, musicians of all stripes have called on philosophy as a source of inspiration and encouragement, and scholars of music through the ages have turned to philosophy for insight into music and into the worlds that sustain it. In this Handbook, contributors build on this legacy to conceptualize the rich (...) interactions of Western music and philosophy as a series of meeting points between two vital spheres of human activity. They draw together key debates at the intersection of music studies and philosophy, offering a field-defining overview while also forging new paths. Chapters cover a wide range of musics and philosophies, including concert, popular, jazz, and electronic musics, and both analytic and continental philosophy. (shrink)