Ce livre offre un examen approfondi des principes philosophiques qui sous-tendent le droit. Il explore les principaux courants de la pensée juridique, y compris le positivisme, le naturalisme et le réalisme juridique, et est une ressource indispensable pour les étudiants en droit et les philosophes du droit. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United (...) States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

Martin Heidegger’s 1942 lecture course interprets Friedrich Hölderlin’s hymn "The Ister" within the context of Hölderlin’s poetic and philosophical work, with particular emphasis on Hölderlin’s dialogue with Greek tragedy.

Volume 18 of Martin Heidegger's collected works presents his important 1924 Marburg lectures which anticipate much of the revolutionary thinking that he subsequently articulated in Being and Time. Here are the seeds of the ideas that would become Heidegger's unique phenomenology. Heidegger interprets Aristotle's Rhetoric and looks closely at the Greek notion of pathos. These lectures offer special insight into the development of his concepts of care and concern, being-at-hand, being-in-the-world, and attunement, which were later elaborated in Being and (...) Time. Available in English for the first time, they make a significant contribution to ancient philosophy, Aristotle studies, Continental philosophy, and phenomenology. (shrink)

Martin Heidegger’s 1934–1935 lectures on Friedrich Hölderlin’s hymns "Germania" and "The Rhine" are considered the most significant among Heidegger’s lectures on Hölderlin. Coming at a crucial time in his career, the text illustrates Heidegger’s turn toward language, art, and poetry while reflecting his despair at his failure to revolutionize the German university and his hope for a more profound revolution through the German language, guided by Hölderlin’s poetry. These lectures are important for understanding Heidegger’s changing relation to politics, his (...) turn toward Nietzsche, his thinking about the German language, and his breakthrough to a new kind of poetic thinking. First published in 1980 as volume 39 of Heidegger’s Complete Works, this graceful and rigorous English-language translation will be widely discussed in continental philosophy and literary theory. (shrink)

Ever since Kant and Hegel, the notion of autonomy—the idea that we are beholden to no law except one we impose upon ourselves—has been considered the truest philosophical expression of human freedom. But could our commitment to autonomy, as Theodor Adorno asked, be related to the extreme evils that we have witnessed in modernity? In Autonomy after Auschwitz, Martin Shuster explores this difficult question with astonishing theoretical acumen, examining the precise ways autonomy can lead us down a path of (...) evil and how it might be prevented from doing so. Shuster uncovers dangers in the notion of autonomy as it was originally conceived by Kant. Putting Adorno into dialogue with a range of European philosophers, notably Kant, Hegel, Horkheimer, and Habermas—as well as with a variety of contemporary Anglo-American thinkers such as Richard Rorty, Stanley Cavell, John McDowell, and Robert Pippin—he illuminates Adorno’s important revisions to this fraught concept and how his different understanding of autonomous agency, fully articulated, might open up new and positive social and political possibilities. Altogether, Autonomy after Auschwitz is a meditation on modern evil and human agency, one that demonstrates the tremendous ethical stakes at the heart of philosophy. (shrink)

The vast majority of research in nursing ethics over the last decade indicates that nurses may not be fully prepared to ‘deliver the good’ for their patients, or to contribute appropriately in the wider current health care climate. When suitable research projects were evaluated for this article, one key question emerged: if nurses are educationally better prepared than ever before to exercise their ethical decision-making skills, why does research still indicate that the expected practice-based improvements remain elusive? Hence, a number (...) of ideas gleaned from recent research about the current nature of nursing ethics, and especially teaching nursing ethics to student nurses, are analysed and critiqued in this article, which concludes with a cluster of ideas and conclusions based on that analysis. It is hoped that such a review may serve as a catalyst for nurse educators to re-examine their teaching practices with a view to enhancing good nursing practice through educational means. (shrink)

First published in 1995. Routledge is an imprint of Taylor & Francis, an informa company.

We performed a critical review of the historiographical studies on biogeography. We began with the pioneering works of Augustin and Alphonse de Candolle. Then, we analyzed the historical accounts of biogeography developed by (1) Martin Fichman and his history on the extensionism-permanentism debate; (2) Gareth Nelson and his critique of the Neo-Darwinian historiography of biogeography; (3) Ernst Mayr, with his dispersalist viewpoint; (4) Alan Richardson, who wrote a microhistory on the biogeographic model constructed by Darwin; (5) Michael Paul (...) Kinch and the ideas discussed in the 19th century about the geographical distribution of living beings; (6) Janet Browne, who highlighted the importance of the pre-Darwinian naturalists; (7) Peter Bowler, who focused mainly on the influence of paleontology on biogeography; (8) James Larson, who looked into the practices of the naturalists of Northern Europe in the late 18th century; and (9) Malte Ebach, who like Larson, was more interested in analysing the practices rather than the ideas of naturalists who studied the geographical distribution of organisms. Finally, these works are compared with each other. There has not been a dominant paradigm in the construction of historical narratives of biogeography; however, they provide a useful context for understanding problems of biogeography that continue to be debated to this day. (shrink)

Martin Davies; V*—Idiom and Metaphor, Proceedings of the Aristotelian Society, Volume 83, Issue 1, 1 June 1983, Pages 67–86, https://doi.org/10.1093/aristotelia.

In the Anthropocene, the fact that human activity is enmeshed with the existence and actions of every kind of other being is inescapable. As a result, the planetary ecological crisis has brought forth an urgent need to rethink understandings of human action. One response holds that the transformations necessary to tackle today’s crises will emerge from the distinctive capacity of human beings to transcend their environment. Another school of thought calls for seeing action as composite, produced by distributed networks of (...) human and nonhuman agents. Yet the first of these is open to charges of human exceptionalism, while the second, according to its critics, lacks effective political traction. Martin Crowley argues that a new conception of political agency is necessary to break this impasse. Engaging with thinkers such as Bruno Latour, Bernard Stiegler, and Catherine Malabou, Crowley proposes an original account of agency as both distributed and decisive. Challenging the prevailing view of agency as exclusively human, he explores how a politics that incorporates nonhuman agency can intervene in the real world, examining timely issues such as climate-related migration and digital-algorithmic politics. A major intervention into ongoing debates in posthumanism, political ecology, and political theory, Accidental Agents reshapes our understanding of political agency in and for a more-than-human world. (shrink)

Martin Hollis; Education as a Positional Good, Journal of Philosophy of Education, Volume 16, Issue 2, 30 May 2006, Pages 235–244, https://doi.org/10.1111/j.146.

Butz, Achimova, Bilkey, and Knott provide a topic overview and discuss whether the special issue contributions may imply that event‐predictive abilities constitute a root for conceptual human thought, because they enable complex, mutually beneficial, but also intricately competitive, social interactions and language communication.

This article explores the social and ethical elements of cultural safety and combines them in a model of culturally safe practice that should be of interest and relevance for nurses, nurse educators and nurse ethicists in other cultures. To achieve this, the article briefly reviews and critiques the main underpinnings of the concept from its origins and development in New Zealand, describes its sociocultural and sociopolitical elements, and provides an in-depth exploration of the key socioethical elements. Finally, a model is (...) presented to illustrate the strong connection between the social and ethical components of cultural safety that combine to produce culturally safe practice through the activities of a ‘socioethical’ nurse. (shrink)

This book examines the work of the Czech Philosopher Jan Patočka from the largely neglected perspective of religion. Patočka is known primarily for his work in phenomenology and ancient Greek philosophy, and also as a civil rights activist and a critic of modernity. He also maintained a persistent and increasing interest in Christianity, Martin Koci shows, and indeed his first and last publications concerned religion and theology. This book examines the theological motifs in Patočka's work, and brings his thought (...) into discussion with recent developments in phenomenology, making a case for Patočka as a forerunner to what has become known as the theological turn in continental philosophy. Koci systematically examines his thoughts on the relationship between theology and philosophy, and his perennial struggle with the idea of crisis. For Patočka, modernity, metaphysics, and Christianity were all in different kinds of crises, and Koci demonstrates how his work responded to those crises theologically. Thinking Faith after Christianity thus provides new insights on theology understood as the task of thinking and living transcendence in a problematic world. It perceives the un-thought element of Christianity - what Patočka identified as its greatest resource and potential - not as a weakness, but as a credible way to ponder Christian faith and the Christian mode of existence after the proclaimed death of God and the end of metaphysics. (shrink)

This paper consists of brief critical comments on Chapter 8, “Personifying Group Agents”, of Christian List’s and Philip Pettit’s book Group Agency (2011). A first set of objections concerns the chapter’s history of ideas. List and Pettit present the history of the idea of corporate personhood as divided between “intrinsicist” and “performative” conceptions. I argue that this distinction does not fit with the historical record and that it makes important political and legal divides and battles invisible. A second set of (...) criticisms builds on perspectives provided by the sociology of knowledge and by John Dewey. My guiding thought here is that “person”, at least when the term is applied to groups, is what political scientists call an “essentially contested concept”. My third set of comments targets the rudimentary political philosophy of List’s and Pettit’s book. I suggest that List’s and Pettit’s corporate personhood theory turns out to be normatively irrelevant; that their concept of “respect” is marred by an ambiguity; and that it remains unclear how their work constitutes progress in guarding against corporate power. (shrink)

Some philosophers believe that two objects of value can be ‘roughly equal’, or ‘on a par’, or belong to the same ‘clump’ of value in a sense that is fundamentally different from that in which some objects are ‘better than’, ‘worse than’, or ‘equally as good as’ others. This article shows that if two objects are on a par, or belong to the same clump, then an agent accepting a few plausible premises can be exploited in a money-pump. The central (...) premise of the argument is that value is choice-guiding. If one object is more valuable than another, then it is not permitted to choose the less valuable object; and if two objects are equally valuable it is permitted to choose either of them; and if two objects are on a par or belong to the same clump it is also permitted to choose either of them. (shrink)

ABSTRACTThe judgment of blame was studied in a group of 28 teenagers, 14 with Asperger syndrome and 14 typically developed. Teenagers in each group were matched by age, cognitive development and academic level. They were presented with 12 short vignettes in which they had to judge an action according to the intent of the actor, the consequences of the action and the seriousness of the situation. Results showed a significant difference in the patterns of judgment of both groups. The AS (...) group judged the action according to the physical consequence of the action more than the intent of the actor; the opposite was observed with the control group. In addition, the AS teenagers were less capable than the control group of grading injury to a person when apportioning blame especially when they were not familiar with the social situations. This result suggests that the judgement of the seriousness of the outcome of the social interactio... (shrink)

Duhem—Quine underdetermination plays a constructive role in epistemology by pinpointing the impact of non-empirical virtues or cognitive values on theory choice. Underdetermination thus contributes to illuminating the nature of scientific rationality. Scientists prefer and accept one account among empirical equivalent alternatives. The non-empirical virtues operating in science are laid open in such theory choice decisions. The latter act as an epistemological test tube in making explicit commitments to how scientific knowledge should be like.

We present a construction of a global square sequence in extender models with λ-indexing.

We present two finitely axiomatized modal propositional logics, one betweenTandS4 and the other an extension ofS4, which are incomplete with respect to the neighbourhood or Scott-Montague semantics.Throughout this paper we are referring to logics which contain all the classical connectives and only one modal connective □ (unary), no propositional constants, all classical tautologies, and which are closed under the rules of modus ponens (MP), substitution, and the rule RE (fromA↔Binfer αA↔ □B). Such logics are calledclassicalby Segerberg [6]. Classical logics which (...) contain the formula □p∧ □q→ □(p∧q) (denoted byK) and its “converse,” □{p∧q)→ □p∧ □q(denoted byR) are called regular;regularlogics which are closed under the rule of necessitation, RN (fromAinfer □A), are callednormal. The logics that we are particularly concerned with are all normal, although some of our results will be true for all regular or all classical logics. It is well known thatKandRand closure under RN imply closure under RE and also that normal logics are also those logics closed under RN and containing □{p→q) → {□p→ □q). (shrink)

Martin Hollis; The Pen and the Purse, Journal of Philosophy of Education, Volume 5, Issue 2, 30 May 2006, Pages 153–169, https://doi.org/10.1111/j.1467-9752.197.

SummaryIn 1968, a prospective study was started in collaboration with the Family Planning Association to try to provide a balanced view of the beneficial and harmful effects of different methods of contraception. This investigation is now in progress at seventeen clinics and over 17,000 women are under observation. At the time of recruitment, all these women were married white British subjects, aged 25–39 years, who voluntarily agreed to participate. Fifty-six per cent were using oral contraceptives, 25% were using a diaphragm (...) and 19% were using an intrauterine device. During follow-up each woman is questioned at return visits to the clinic and a record of pregnancies and their outcome, hospital referrals, changes in contraceptive methods and the results of cervical smears, is accumulated. Women who default are sent a postal questionnaire and, if this is not returned, are telephoned or visited in their homes to collect the necessary information.So far, data obtained during 56,000 woman-years of observation are available for analysis. Follow-up has been maintained with an annual lapse rate of about 0.3%due to withdrawal of co-operation or loss of contact; adherence to the method of contraception in use at recruitment has been reasonably good, and the reporting of pregnancies and hospital admissions appears to have been both reliable and unbiased.The present data include only 24 deaths, so the mortality associated with different contraceptive methods cannot yet be estimated. With regard to morbidity, however, our preliminary results closely resemble those obtained in the prospective study carried out by the Royal College of General Practitioners and in the principal retrospective studies carried out in Britain and the United States. Women who used oral contraceptives at the start of the study experienced adeficiencyof hospital referrals for cancer, benign lesions of the breast, menstrual disorders other than amenorrhoea, duodenal ulcer, and retention cysts of the ovary; they showed anexcessof referrals for cerebrovascular disease, cervical erosion, skin disorders, self-poisoning, migraine, venous thrombosis and embolism, hayfever, gallbladder disease, amenorrhoea, and sterility. Women who used a diaphragm showed adeficiencyof hospital referrals for carcinoma-in-situ and dysplastic lesions of the cervix uteri and accidental injury; and anexcessof referrals for haemorrhoids and cystitis. Women who used an IUD experienced anexcessof hospital referrals for anaemia, varicose veins and salpingitis. About half of these differences were predicted from other studies while some suggestive evidence already existed for a further five. Of the remaining six, some probably reflect the influence of selective factors or chance.Multiple pregnancies, stillbirths, malformations, the sex ratio and birthweight showed no consistent relationship to method of contraception. The outcome of unplanned pregnancies occurring in women using an IUD, however, was remarkably unfavourable both in terms of ectopic gestation and miscarriage.Clear evidence was found of impairment of fertility after discontinuation of oral contraceptives. Whether this is likely to lead to permanent sterility in some women is uncertain.The study has provided data on the efficacy of a wide variety of contraceptive methods. In general the failure rates are in keeping with those obtained in other large-scale studies, save that those for the diaphragm and the sheath are much lower than those usually quoted.The available evidence does not yet allow a final balance to be struck between the benefits and risks associated with the new methods of contraception that have become widely used during the last two decades. It seems clear, however, that there are no material risks associated with the use of the diaphragm apart from the risk of pregnancy and that there may be some unintended benefits. (shrink)

We study generalizations of Dodd parameters and establish their fine structural properties in Jensen extender models with λ-indexing. These properties are one of the key tools in various combinatorial constructions, such as constructions of square sequences and morasses.

In der 1970 gegründeten Reihe erscheinen Arbeiten, die philosophiehistorische Studien mit einem systematischen Ansatz oder systematische Studien mit philosophiehistorischen Rekonstruktionen verbinden. Neben deutschsprachigen werden auch englischsprachige Monographien veröffentlicht. Gründungsherausgeber sind: Erhard Scheibe, Günther Patzig und Wolfgang Wieland. Von 1990 bis 2007 wurde die Reihe von Jürgen Mittelstraß mitherausgegeben.

Fighting crime has historically been a field that drives technological innovation, and it can serve as an example of different governance styles in societies. Predictive policing is one of the recent innovations that covers technical trends such as machine learning, preventive crime fighting strategies, and actual policing in cities. However, it seems that a combination of exaggerated hopes produced by technology evangelists, media hype, and ignorance of the actual problems of the technology may have boosted sales of software that supports (...) policing by predicting offenders and crime areas. In this paper we analyse currently used predictive policing software packages with respect to common problems of data mining, and describe challenges that arise in the context of their socio-technical application. (shrink)

This article offers a thorough and critical reading of Husserl’s Thing and Space. This reading is principally motivated by the effort to methodologically design a phenomenological–topological approach to the research of lived sonic environments. In this book, Husserl lays foundations of phenomenological topology by understanding perceptions as places and defining, consequently, the space as a system of places. The critical reading starts with pointing out the ambiguity of location in Thing and Space, which consists mainly in the insufficient implementation of (...) the distinction between the location and the localization. Further investigations then reveal the roots of this ambiguity in both the preference of visual perception and the omission of subjective aspects of kinesthesia. The article critically examines Husserl’s notion of the appended localization that expresses the marginalization of acoustic experience. In conclusion, the article utilizes the critical findings to formulate the project of a place-based, medium-centered, and multi-sensory approach to sonic environments. (shrink)

We investigate the relationship between the dark triad personality traits (Machiavellianism, narcissism, and psychopathy) of managers and the practice of reporting manipulation using a primary survey of 837 professionals working in accounting and finance departments. We find that (a) managers who exhibit dark personality traits are associated with a higher prevalence of fraudulent accounting practices in their accounting and finance departments and (b) traditional risk management mechanisms are only partially effective in mitigating this effect. Internal audits are effective in curtailing (...) the negative behavior of managers with dark triad traits only if these internal audits are outsourced and performed by independent external personnel but not if they are conducted by internal personnel. This suggests that managers with dark triad traits are able to manipulate other employees quite effectively. Consequently, having external personnel perform the auditing task provides a safeguard against such unethical practices and manipulation. This finding has strong practical implications, as it provides support for outsourcing internal audits rather than keeping them in-house. (shrink)