In 1934, Karl N. Llewellyn published a lively essay trumpeting the dawn of legal realism, "On Philosophy in American Law." The charm of his defective little piece is its style and audacity. A philosopher might be seduced into reading Llewellyn’s essay by its title; but one soon learns that by "philosophy" Llewellyn only meant "atmosphere". His concerns were the "general approaches" taken by practitioners, who may not even be aware of having general approaches. Llewellyn paired an anemic concept of philosophy (...) with a pumped-up conception of law. Llewellyn’s "law" included anything that reflects the "ways of the law guild at large" - judges, legislators, regulators, and enforcers. Llewellyn argued that the legal philosophies implicit in American legal practice had been natural law, positivism and realism, each adopted in response to felt needs of a time. We must reckon with many other implicit "philosophies" to understand the workings of the law guild, not the least of which has been racism. Others, maternalism and paternalism, my foci here, persist in American law, despite women’s progress toward equality. Both maternalism and paternalism were strikingly present in a recent decision of the U.S. Supreme Court, Gonzales v. Carhart, upholding the federal Partial-Birth Abortion Ban Act. (shrink)

In 1905 the Supreme Court of Georgia became the first state high court to recognize a freestanding “right to privacy” tort in the common law. The landmark case was Pavesich v. New England Life Insurance Co. Must it be a cause for deep jurisprudential concern that the common law right to privacy in wide currency today originated in Pavesich’s explicit judicial interpretation of the requirements of natural law? Must it be an additional worry that the court which originated the common (...) law privacy right asserted that a free white man whose photograph is published without his consent in a city newspaper is like a slave in bondage? I argue that the jurisprudence of Pavesich need not be troubling. Pavesich’s natural law argument was supplemented by several positive law arguments. The positive law arguments were a strong enough basis for finding a right to privacy in the common law, as indeed Samuel Warren and Louis Brandeis had previously argued. The observation that the Pavesich court’s natural law argument ran alongside positivistic arguments suggests that the arresting, high-toned natural law and slavery appeals in Pavesich are inessential rhetorical throwaways. But I maintain that the natural law argument and slavery analogy features of Judge Andrew Jackson Cobb’s opinion extolling the “liberty of privacy” are (1) of critical importance to a full contextual understanding of the decision and (2) illuminate the contemporary case for recognizing invasions of privacy as civil injuries to freedom and self-determination. One can poke holes in the logic of Thomas Aquinas and John Locke as scholars have done for centuries. But one can as easily choose to celebrate the spirit of the natural law tradition. The natural law tradition represents efforts rhetorically, rationally, and intuitively to derive principles of justice and goodness from basic facts about human characteristics, needs, and desires, where otherwise binding sovereign law may fall short. (shrink)

Privacy and technology clash in the courts. I elaborate the example of Puttaswamy v Union of India (2017), an example from the High Court of India, whose sweeping and inclusive jurisprudential style raises starkly the question of the influence that academic philosophers and other scholars have over how legitimate societal interests in exploiting information technology and protecting personal privacy are “balanced” by the courts. Philosophers will be satisfied to see that their theories are acknowledged in a landmark national decision finding (...) that India’s 1.3 billion people have a constitutional, fundamental right to privacy that constrains a challenged government biometric identification system. Some scholars will appreciate the inclusive definition of privacy, which included decisional privacy, combined with the treatment of privacy as a paramount human good meriting the protection of fundamental rights. But some academic philosophers are potentially disappointed that the Court synthesizes rather than differentiates among their competing theories, concepts, and definitions, and, in the end, relies upon liberal Enlightenment ideals that some scholars have argued are singularly ill-suited for the twenty-first century. (shrink)

Originally, the Church of the Caves was not a temple in the sense of an architectural building but a complex of caves. The word "church" is used here in its initial gospel sense of council, a gathering of the initiated. Thus, what we are talking about is a certain community that prefers life in a cave to a settled secular social order. A study of the symbolic aspects of the image of the cave and cave dwelling can be an interesting (...) contribution to the explication of certain essential features of Old Kievan monasticism. This article is an attempt at such an explication. (shrink)

The resulting separation of the two disciplines was probably inevitable, but there is a question whether it has not gone too far and also whether it has actually gone as far as is commonly supposed. Do psychologists succeed in avoiding philosophy, and do philosophers succeed in maintaining their aloofness on analytic, methodological or categorial levels, with nothing implied as to mental activity or behavior? The jurisdictional problem cannot be resolved if each side simply retreats before the other, back toward its (...) inner citadel: experiment, on the one hand, and logic, on the other. For experimental results have to be interpreted, and interesting problems of method and sometimes epistemology are involved which experiment cannot settle. Similarly, if the distinction between analytic and synthetic judgments depends, in the final count, on attention-span or memory-span, and a theory of the meaning of proper names can be tested by a canvas of actual usage, then even logic is not autonomous. (shrink)

Neither the chronology nor the interpretation of the history of the years 375 to 371 BC is yet settled. The date of the peace that followed the Athenian naval victory over Sparta at Alyzeia in Scirophorion 375 is put variously in the second half of 375 or 374 or even in spring 374. The status of the Boeotian cities at the time of the peace as well as the role of the King and the participation of Thebes are controversial, and (...) this affects the interpretation of the peace itself. (shrink)

The use of dialogue in Xenophon's Hellenica is a phenomenon that needs explanation. Among previous historians, Herodotus had used it frequently but Thucydides hardly at all. In Xenophon's own time, Ctesias had used it but not the author of the Hellenica Oxyrhynchia nor Ephorus to any great extent, as far as we can tell. Theopompus had plagiarized one of the Hellenica dialogues as well as adding others of his own. Generally, dialogue occurred less frequently in history writing than the set (...) speech. Yet there have been no serious studies of dialogue in the Hellenica, and where opinions are expressed they often vary. Sordi considered that the purpose of dialogue was decorative and agreed with the estimates of ancient critics about the liveliness of the conversations. Breitenbach also thought they had literary merit but suggested that their purpose was moral and didactic. Henry agreed that their purpose was didactic but thought them flat and lifeless and lacking in literary merit. Bruce thought their purpose was to illustrate personality. These differences of opinion should be settled. Moreover, Sordi's view that the content, style and purpose of dialogue is quite different from that of the set speech, and that this reflects a difference of genre within the Hellenica, dialogue being typical of memoir and the set speech of ‘serious’ history, cannot go unchallenged. Herodotus used dialogue in what was clearly not memoir. Further, there has been no serious attempt to place dialogue in the Hellenica in the tradition of dialogue writing in history or to examine its relationship to dramatic dialogue or the philosophical dialogue. This needs to be attempted. Such are the aims of this paper. (shrink)

The increasing interest in problems of the theory of international relations is a consequence of objective processes occurring in the world, of the needs of social practice, and of the necessary rise in the role and weight of international relations in the life of human society. Questions of international relations today occupy a central place in the decisions and materials of the Twenty-Fourth Congress of the CPSU, for, as was stated in the Report of the Central Committee of the CPSU, (...) "Our internal development is intimately associated with the situation in the world arena." Under present conditions, many of the most important tasks in the development of the world revolutionary process, of the building of socialism and communism, are settled directly in the sphere of international relations. (shrink)

The paper retraces the history of one of the ancient arguments, which took place in the period of the rise of metaphysics between Plato and Isocrates. The problem at issue was the balance between words and acts. Both philosophers aimed at different resolutions of the problems brought about by this conflict bewteen the words and acts . In the course of history the ways of "settling" this argument have been gradually marginalized. The metaphysics, however, had not freed itself of the (...) necessity to resolve the confilcts, which the metaphysics itself provoked by its claims on the "rule of reason". That is why even such a marginalized character as Isokrates could become an interesting and a very significant impulse for the contemporary thought, still captured by platonism and facing "isocratian objections". (shrink)

Este estudio examina la frecuencia de colocaciones gramaticales verbo + preposición en aprendientes anglófonos de Español como Lengua Extranjera de nivel A2 y B1 bajo el modelo de Análisis Contrastivo de la Interlengua. Para ello, se implementa una tipología colocacional sustentada en un criterio de fijación intermedia de estas unidades. Los resultados muestran mayor frecuencia en el nivel B1, pero no en la variedad de unidades, y un mayor número de usos correctos que en A2. Respecto de las diferencias encontradas (...) según el patrón sintáctico-semántico, las variables competencia, complejidad del patrón y temáticas aparecen como factores importantes para explicarlas en el contexto del corpus de aprendientes examinado. Este trabajo aporta al estudio de las ColGram v+p, y de otros tipos en ELE. (shrink)

Resumen: Este estudio examina la frecuencia de colocaciones gramaticales verbo + preposición en aprendientes anglófonos de Español como Lengua Extranjera de nivel A2 y B1 bajo el modelo de Análisis Contrastivo de la Interlengua. Para ello se implementa una tipología colocacional sustentada en un criterio de fijación intermedia de estas unidades. Los resultados muestran mayor frecuencia en el nivel B1, pero no en la variedad de unidades, y un mayor número de usos correctos que en A2. Respecto de las diferencias (...) encontradas según el patrón sintáctico-semántico, las variables competencia, complejidad del patrón y temáticas aparecen como factores importantes para explicarlas en el contexto del corpus de aprendientes examinado. Este trabajo aporta al estudio de las ColGram v+p, y de otros tipos en ELE.: This study examines the frequency of grammatical collocations verb + preposition in L1-English learners of Spanish as a Foreign Language of levels A2 and B1 under the model of Interlanguage Contrastive Analysis. To this end, a collocational typology based on a criterion of intermediate fixedness was implemented. The results show higher frequency in level B1, but not in the variety of the units, and a greater number of correct uses than in A2. Regarding found differences according to syntactic and semantic pattern, the variables of competence, pattern complexity and theme appear to play an important role in their explanation in the context of the learners’ corpus examined. This work contributes to the study of GramCol v+p and other types in SFL. (shrink)

Increasingly, contemporary medical ethicists have become aware of the need to explicate a foundation for their various models of applied ethics. Many of these theories are inspired by the apparent incompatibility of patient autonomy and provider beneficence. The principle of patient autonomy derives its current primacy to a large extent from its legal origins. However, this principle seems at odds with the clinical reality. In the bioethical literature, the notion of authenticity has been proposed as an alternative foundational principle to (...) autonomy. This article examines this proposal in reference to various existentialist philosophers (Heidegger, Sartre, Camus and Marcel). It is concluded that the principle of autonomy fails to do what it is commonly supposed to do: provide a criterion of distinction that can be invoked to settle moral controversies between patients and providers. The existentialist concept of authenticity is more promising in at least one crucial respect: It acknowledges that the essence of human life disappears from sight if life's temporal character is reduced to a series of present decisions and actions. This also implies that the very quest for a criterion that allows physicians to distinguish between sudden, unexpected decisions of their patients to be or not to be respected, without recourse to the patient's past or future, is erroneous. (shrink)

There is no more important question in thinking about life-and actually living-in political community than whether it is to be permeated by, and purposefully oriented around, the main truths about human flourishing. It is at least paradoxical that, precisely when the state and its law and political life are shaping people's lives more and more, the professed roots of all this influence are growing thinner, more shallow. Lawmakers who profess and in many cases even think they should be "neutral" about (...) values are more involved with how persons' lives go than, perhaps, ever before. Of course, any community which has lost faith in the truth about human wellbeing is going to be quite befuddled by the question. But the perennial centrality of the question about truth and politics can be obscured for understandable reasons. One is the immediate urgency of so many practical challenges, such as settling the defense or state budget, protecting against terrorist attack, or deciding what to do about a nuclear-armed North Korea. Attention to the fundamental question is attenuated, too, by focus upon diffuse problems which affect nearly everyone daily, such as getting good healthcare coverage or creating jobs. Significant public debates about moral issues affecting policy are still common. But they tend to be episodic, and wary of getting down to foundations. When Americans argue today about immigration policy and capital punishment, for instance, they rely upon profound ethical beliefs. All too often, however, they link these commitments not to the objective moral truth at the heart of the matter, but instead to past practices, or to communal identity as a matter of fact who we are!"). (shrink)

The rise of “the rest,” especially China, has triggered an inevitable transformation of the so-called liberal international order. Rising powers have started to both challenge and push for the reform of existing multilateral institutions, such as the International Monetary Fund, and to create new ones, such as the Asian Infrastructure Investment Bank. The United States under the Trump administration, on the other hand, has retreated from the international institutions that the country once led or helped to create, including the Trans-Pacific (...) Partnership ; the Paris Agreement; the Iran nuclear deal; the Intermediate-Range Nuclear Forces Treaty; the United Nations Educational, Scientific and Cultural Organization ; and the United Nations Human Rights Council. The United States has also paralyzed the ability of the World Trade Organization to settle trade disputes by blocking the appointment of judges to its appellate body. Moreover, in May 2020, President Trump announced his decision to quit the Open Skies Treaty, an arms control regime designed to promote transparency among its members regarding military activities. During the past decade or so, both Russia and the United States have been dismantling multilateral arms control treaties one by one while engaging in new nuclear buildups at home. (shrink)

The thesis is intended to contribute to the growing understanding of the indispensable role played by phenomenal consciousness in human cognition, and specifically in making our concepts of the external world available. The focus falls on so called observational concepts, a type of rudimentary, perceptually-based objective concepts in our repertoire — picking out manifest properties such as colors and shapes. A theory of such concepts gets provided, and, consequently, the exact role that perceptual consciousness plays in making concepts of this (...) sort available gets settled. In the first half of the thesis, observational concepts get construed as a special type of recognitional concepts. On an analogy with perceptual demonstratives, having such concepts would involve having non-trivial knowledge of their reference. The experiential basis of such concepts would, among other things, provide for such constitutive knowledge. The theoretical background relevant to the hypothesis gets provided in the first chapter. A defence of the hypothesis follows in the second. In the second half of the thesis, care is taken to distinguish among two ways in which the constitutive knowledge of the reference of an observational concept could be fleshed out. In the third chapter, perceptual experience is shown to provide the basis both for knowledge of observational properties by acquaintance, and for knowledge of the essence of such properties — provided that knowledge of essence gets construed in the right, modest way. It might be natural to take knowledge by acquaintance to be the sort relevant to observational concept possession, especially given that in the case of perceptual demonstratives this is the role likely played by experience. However, this initial impression proves to be mistaken. The constitutive knowledge of the referent of an observational concept turns out to consist in the capacity to determine a priori the essence of the respective property. To show this, an argument gets provided in the penultimate fourth chapter, based on the key role played by experiences of instances of observational properties in optimal viewing conditions in enabling the possession of the respective observational concept. (shrink)

The status of human embryos is discussedparticularly in the light of the claim by Fox,in Health Care Analysis 8 that itwould be useful to think of them in terms ofcyborg metaphors.It is argued that we should consider humanembryos for what they are – partiallyformed human bodies – rather than for what theyare like in some respects (and unlike inothers) – cyborgs.However to settle the issue of the status ofthe embryo is not to answer the moral questionswhich arise concerning how (...) embryos should betreated. Since persons rather than bodies haverights, embryos do not have rights. However,whether or not embryos have rights, people canhave duties concerning them. Furthermore, thepersons whose fully developed bodies embryoswill, might (or might have) become can haverights. Contrary to what is often assumed, itis not merely persons who have (or have had)living, developed human bodies who have moralrights: so it is argued in this paper. (shrink)

In the article on material of seventeen texts, the problem of world outlook strategy in the American novel of the 21th century is studied. The most influential author’s models are considered: neodecadence, post-apocalyptic humanity, personal versions of social and psychological realism and existentialist consciousness. The main attention is paid to the description and interpretation of the general for modern American novels of a national picture of the world. The family history remains the stable level of a narration. At other level, (...) there is a depressive or protest word about a condition of life, about the absolute beginnings dooming the person to suffering. In the narrative center, there is a hero, who has to solve personal problems in the context of the opened emptiness capable to get metaphysical meanings or to replace them. Reducing dynamics of a plot and formation of character, the novel becomes a form of the image of a steady state. For this state, the complex combination of two literary archetypes is characteristic: Job and Hamlet. The love to the world is not provided, the problem of finding of arguments for continuation of life is perceived by writers as main. If the classical American novel has positioned itself between dream and the tragedy, the modern novel settles down between everyday life and emptiness. The key paradox of the studied art texts is connected with it: two forms of fatigue - not only from the Absolute responsible for weight of existence, but also from its absence connect in one complex. The hero does not know with whom he does not agree: God or with essentially subjectless life depriving any God of will, power and sense. Search of new moral rituals is represented in this situation quite natural. (shrink)

BOOK REVIEW: Through fifteen interrelated essays, Daniel Campos’ Loving Immigrants in America reflects upon his experiences as a Latin American immigrant to the United States and develops an experiential philosophy of personal interaction. Building upon previous work, Campos’ implicit conceptual framework comes from Charles S. Peirce’s dual philosophical accounts of the evolution of personality and evolutionary love. But the flesh and blood of the book are Campos’ own personal experiences as an immigrant who has labored for more than twenty years (...) to make himself at home in the United States, aka la Yunai, by growing to love an impressively broad range of places and people across the country. Campos begins in rural Arkansas (where he arrived as an eighteen-year-old from Costa Rica to study at a small religious liberal arts college), travels extensively across the Deep South (in a series of road trips described in Chapters 3-6), completes an MA in Statistics and later a PhD in Philosophy at Penn State, and eventually settles to teach at Brooklyn College where he is surrounded by immigrants from all over the world. The book’s cast of characters and Campos’ interactions with them are so extensive as to defy generalization, but careful readers are likely to walk away convinced of Campos’ claim that “anyone who is receptive and attentive to the commonality of human experience can empathize with immigrants” (2). (shrink)

In Kant on Practical Life: From Duty to History, Kristi E. Sweet accepts Allen Wood’s challenge to present in a single book the entire arc of Kant’s practical philosophy, including both its a priori and empirical aspects, literally from duty to history. Others have successfully undertaken a similar task, notably Robert Louden in Kant’s Impure Ethics, but Sweet succeeds in fulfilling three further distinctive aims: settling persistent but outdated contentions that Kant’s ‘deontological’ and ‘teleological’ commitments are inconsistent by tracing duty (...) through to the ends it entails, especially the communal ends “in which reason finds its satisfaction” (10); addressing the problem of human finitude by explicating and resolving the dialectic between reason and nature in its various moments; and leaving virtually no philosophical stone unturned along the way, from the fact of reason to international disarmament. (shrink)

On October 31, 1994, it was announced that a confidential settlement had been reached in Doe v. Kohn, Nast & Graf, P.C., et al., 862F. Supp. 1310 ). The settlement in ths widely publicized AIDS discrimination case came three weeks after the trial began in the District Court for the Eastern District of Pennsylvania, Nov. 2, 1994, at 10).Plaintiff Doe, an associate employed at Kohn, Nast & Graf, a prominent law firm in Philadelphia, filed an AIDS discrimination case under the (...) Americans with Disabilities Act against his employer claiming that the firm fired him in March 1993 because he was HIV-positive. Doe's complaint also cited claims under ERISA and other Pennsylvania employment laws. (shrink)

This article examines the law of psychiatric illness in the light of Ronald Dworkin’s and Stanley Fish’s legal theory. The article proposes to examine the attitude of judges to judicial law making in England and Australia, the jurisprudential contributions to the debate and the need for and the justification of judge-made law in terms of rules, principles and policies. Although there is recent scientific research explaining that mental health causes actual trauma to brain cell structures, it seems unlikely that English (...) courts will adopt a similar stance to recognize this new development in psychiatry. Dworkin is of the opinion that legal decisions must be justified with a legal theory such as ‘application of the methods of literary interpretation to legal texts.’ Dworkin explained his work by referring to policies, principles, rights, interpretations, adjudication, pragmatism, conventionalism and integrity. His perception of law is seen from an interpretive vantage point, in which policies, principles and rights play a crucial role alongside positive law and most cases are settled on the basis of ‘like cases should be decided alike.’ On the other hand, Fish demonstrates how readers from a similar background or context will interpret a text similarly, and thus that the reader, more than the text, determines what the text says. Further he emphasises the reader as creator of texts, suggesting that it is not different interpretive communities that cause diverging interpretations of texts but simply different interpretations. (shrink)

In this series of articles the early life and work of the young Julian Schwinger are explored. In the present article, we discuss Schwinger's winding up his work at the MIT Radiation Laboratory, being offered a tenured professorship at Harvard University, getting married, and settling down into a highly productive teaching and research career.

This out-of-print collection in the area of the history, politics, ethics, and theory of privacy includes selections from Peter Gay, Alan Westin, Walter Benjamin, Catharine MacKinnon, Seyla Benhabib, Anita Allen, Ann Jennings, Charles Taylor, Richard Sennett, Mark Wicclair, Martha Nussbaum, and Robert Nozick.

The fifth of eight books of the correspondence of George Santayana. During the period covered by this book, George Santayana had settled permanently in Rome. His best-selling novel, The Last Puritan, was published in London in 1935 and in the United States in 1936, where it was chosen as a Book-of-the-Month Club selection. In 1936 Santayana became one of the few philosophers ever to appear on the front cover of Time magazine. His growing influence was evidenced further by two other (...) 1936 publications, Obiter Scripta: Lectures, Essays and Reviews and Philosophy of Santayana: Selections From the Works of George Santayana. Also during this year the first six volumes of the Triton Edition, a limited signed edition with significant new prefaces, was published by Scribner's. Santayana continued work on The Realm of Truth and The Realm of Spirit, as well as his autobiography, Persons and Places. (shrink)

The availability of a constitutional framework that encourages deference to the judiciary, and the existence of a political environment conducive to judicial empowerment have helped bring about a growing reliance on adjudicative means for articulating, framing, and settling fundamental moral controversies and highly contentious political questions. This has resulted in the gradual erosion of the exclusive prerogatives of legislatures and executives.

Two famous Russian thinkers Nikolai O. Lossky (1870–1965) and E. Vasilievich Spektorsky (1875–1951) had a lot in common: both were talented intellectuals, lecturers and authors of many works on philosophy, history of philosophy, culture, politics and literature; both had to leave Russia and settle down abroad, and continue academic and creative activities in foreign environments. All these factors contributed to their friendly and intellectual communication which we want to pay attention to in this article. The purpose of the article (...) is to demonstrate similarities in how Lossky and Spektorsky formulated and addressed ethical issues on the grounding of Christianity and Christian-based philosophy. Thus, we have chosen several aspects of their ethical systems which are crucial for understanding the way of their moral thinking and which are representative in terms of comparison of these two authors: general philosophical positions, grounding ethics in Christianity, absolute basis of ethics and the way it can be cognized, human freedom, motives and goals of moral behavior, and moral evolution and the perspectives of humanity. (shrink)

During the period covered by this book, George Santayana had settled permanently in Rome. His best-selling novel, The Last Puritan, was published in London in 1935 and in the United States in 1936, where it was chosen as a Book-of-the-Month Club selection. In 1936 Santayana became one of the few philosophers ever to appear on the front cover of Time magazine. His growing influence was evidenced further by two other 1936 publications, Obiter Scripta: Lectures, Essays and Reviews and Philosophy of (...) Santayana: Selections From the Works of George Santayana. Also during this year the first six volumes of the Triton Edition, a limited signed edition with significant new prefaces, was published by Scribner's. Santayana continued work on The Realm of Truth and The Realm of Spirit, as well as his autobiography, Persons and Places. (shrink)

Reno v. ACLU , the 1997 landmark decision by the United States Supreme Court providing sweeping protection to speech on the Internet, is usually discussed in terms of familiar First Amendment issues. Little noticed in the decision is the significance of the ontological assumptions of the justices in their first visit to cyberspace. I analyze the apparent awareness of the Supreme Court of ontological issues and problems with their approaches. I also argue that their current ontological assumptions have left open (...) the door to future suppression of free speech as the technology progresses. Ontology is significant because zoning in the physical world has long been recognized as a way to segregate "adult" entertainment from minors. So far, at least, the justices seem to agree that such zoning is not possible in cyberspace, and therefore that adult zones for certain forms of expression are not possible. But this conclusion is far from settled. The degree of free speech on the Internet in the future will depend on whether or not our ontological understanding of cyberspace supports such zoning or renders it incoherent or impossible. (shrink)

Reno v. ACLU, the 1997 landmark decision by the United States Supreme Court providing sweeping protection to speech on the Internet, is usually discussed in terms of familiar First Amendment issues. Little noticed in the decision is the significance of the ontological assumptions of the justices in their first visit to cyberspace. I analyze the apparent awareness of the Supreme Court of ontological issues and problems with their approaches. I also argue that their current ontological assumptions have left open the (...) door to future suppression of free speech as the technology progresses. Ontology is significant because zoning in the physical world has long been recognized as a way to segregate "adult" entertainment from minors. So far, at least, the justices seem to agree that such zoning is not possible in cyberspace, and therefore that adult zones for certain forms of expression are not possible. But this conclusion is far from settled. The degree of free speech on the Internet in the future will depend on whether or not our ontological understanding of cyberspace supports such zoning or renders it incoherent or impossible. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Hume Studies Volume 29, Number 1, April 2003, pp. 125-141 Dr. George Cheyne, Chevalier Ramsay, and Hume's Letter to a Physician JOHN P. WRIGHT The publication of a new intellectual biography of George Cheyne1 provides a "propitious" occasion for "a thoroughly skeptical review"2 of the question which has long exercised Hume scholars, whether Cheyne was the intended recipient of David Hume's fascinating pie-Treatise Letter to a Physician,3 the letter (...) which describes his own hypochondriacal physical and mental symptoms and gives an account of his early philosophical development.4 Hume's nineteenth-century biographer, John Hill Burton, argued that Hume was probably writing to Cheyne,5 while Ernest Mossner claimed to definitively refute that hypothesis in an article entitled "Hume's Epistle to Dr. Arbuthnot," published in 1944.6 Anita Guerrini's intellectual biography does not discuss Cheyne as a possible recipient of Hume's letter, but she does present a well-rounded picture of this interesting eighteenth-century physician from which we can judge his appropriateness as its addressee. In the following discussion I will make use of the biographical material found in this new biography of Cheyne, as well as other sources, to show that Mossner's arguments are less than definitive, and that it would be wrong to dismiss the possibility that the letter was sent to George Cheyne.7 This is a possibility that, for reasons that I will make clear, makes good biographical and philosophical sense. At the same time, it is important to keep a proper suspense of judgment as Burton did, for the evidence that the letter was either intended for or actually sent to Cheyne is not definitive. John P. Wright is Professor of Philosophy, Central Michigan University, Mt. Pleasant, MI 48859, USA. e-mail: [email protected] 126 John P. Wright Burton, who first published the autobiographical letter of the 22-yearold Hume in 1846, narrowed down the possible addressees of Hume's letter to either Cheyne or John Arbuthnot. He also pointed out that it is possible that the letter was never sent, and that the ten and a half page manuscript is only a neatly written draft, rather than a fair copy of an actual letter. Nevertheless, Burton thought he could identify the unnamed addressee on the basis of the internal evidence of the manuscript and the records of Scottish physicians practicing in England at the time. In the letter, Hume refers to the intended recipient as his "Countryman, a Scotchman [,]... a skilful Physician, a man of Letters, of Wit, of Good Sense, & of great Humanity."8 Further he writes that he is consulting him because he is a person "of great Learning beyond [his]... own Profession" who is acquainted with the "Motions of the Mind" he has described in his letter, and that "Fame pointed [him]... out as the properest person to resolve my Doubts..." about the cure of his disorder.9 Burton tells us that "the first name that suggested itself... was Arbuthnot, whose fine genius was just then flickering in the socket."10 (John Arbuthnot had been ill for some time, and died a year later.) But he then added that "a more full consideration showed to my satisfaction that it must have been destined for Dr. George Cheyne." His main reason for settling on Cheyne was that Cheyne's immensely popular The English Malady (1733) had recently been published, and that "there is a certain unison of tone between Hume's letter and this book." Burton quotes a portion of Cheyne's own long autobiographical account of his own disease in The English Malady. Cheyne's autobiography begins with the claim that "I passed my Youth in close study, and almost constant Application to the abstracted Sciences, (wherein my chief pleasure consisted) and consequently in great Temperance and a Sedentary Life"; it is followed by the reflection that any overindulgence in food or drink led to physical and psychological problems.11 He goes on to describe these in great detail for 39 pages, along with a history of his life. Burton also quotes a section of the book in which Cheyne describes how a studious and sedentary life causes the symptoms... (shrink)

Donald Davidson has made enormous contributions to the philosophy of action, epistemology, semantics and philosophy of mind and today is recognized as one of the most important analytical philosophers of the late twentieth century. Donald Davidson: Truth, Meaning and Knowledge addresses several issues including Davidson's writings on epistemology and theory of language with their implications of ontology and philosophy of mind and his advances in the philosophy of mind in relation to the views of Williard V. Quine, John McDowell and (...) Peter F. Strawson, in essays by Roger Gibson and Anita Avarmides. (shrink)

This inaugural lecture, delivered on 17 November 2021 at the University of Neuchâtel, addresses the question: Are material objects analyzable into more basic constituents and, if so, what are they? It might appear that this question is more appropriately settled by empirical means as utilized in the natural sciences. For example, we learn from physics and chemistry that water is composed of H2O-molecules and that hydrogen and oxygen atoms themselves are composed of smaller parts, such as protons, which are in (...) turn composed of yet smaller parts, such as quarks, and so on. While the question at the center of this lecture might thus appear to fall more appropriately into the empirical domain of natural science, I argue that metaphysics in fact has an important role to play in determining how best to answer the question before us. More concretely, I propose that the Aristotelian doctrine of hylomorphism, when appropriately interpreted, provides the best metaphysical answer to the question of whether and how material objects are analyzable into more basic constituents. Hylomorphism holds that those entities to which this doctrine applies are, in some sense, compounds of matter (“hylē”) and form (“morphē” or “eidos”). Thus, the title of this lecture, “Form, Matter, Substance”, refers to the claim that lies at the center of the doctrine of hylomorphism, as applied to the domain of material objects, namely that sensible substances are the result of combining matter and form in the right sort of way; or, for short, “form + matter = substance”. I begin in Section II by providing some historical background which brings out Aristotle’s motivations for proposing the doctrine of hylomorphism in the context of his analysis of change. Section III turns to some of the main features of the contemporary hylomorphic theory I have defended especially in Koslicki (2008) and Koslicki (2018). Section IV discusses some challenging questions concerning artifacts which arise for both hylomorphic and other approaches to the metaphysics of concrete particular objects. Section V concludes by summarizing why, as contemporary metaphysicians, we should prefer a hylomorphic theory over its competitors as an analysis of concrete particular objects that is compatible with our current scientific understanding of the world. (shrink)

Standard models of adolescent risk taking posit that the cognitive abilities of adolescents and adults are equivalent, and that increases in risk taking that occur during adolescence are the result of socio emotional differences in impulsivity, sensation seeking, and lack of self-control. Fuzzy-trace theory incorporates these socio emotional differences. However, it predicts that there are also cognitive differences between adolescents and adults, specifically that there are developmental increases in gist-based intuition that reflects understanding. Gist understanding, as opposed to verbatim-based analysis, (...) generally has been hypothesized to have a protective effect on risk taking in adolescence. Gist understanding is also an essential element of informed consent regarding risks in medical decision- making. Evidence thus supports the argument that adolescents’ status as mature minors should be treated as an exception rather than a presumption, because accuracy in verbatim analysis is not mature gist understanding. Use of the exception should be accompanied by medical experts’ input on the bottom-line gist of risks involved in treatment. (shrink)

Donald Davidson has made enormous contributions to the philosophy of action, epistemology, semantics and philosophy of mind and today is recognized as one of the most important analytical philosophers of the late twentieth century. _Donald Davidson: Truth, Meaning and Knowledge_ addresses * Davidson's writings on epistemology and theory of language with their implications of ontology and philosophy of mind * the central issue of whether truth is the ultimate goal of enquiry, challenged by contributions from Richard Rorty and Paul Horwich (...) * Davidson's approach to semantics and applied linguistics as addressed by Kirk Ludwig, Gabriel Segal, Peter Pagin, Stephen Neale, Herman Cappelen and Ernie Lepore and Reinaldo Elugardo * Davidson's advances in the philosophy of mind in relation to the views of Williard V. Quine, John McDowell and Peter F. Strawson, in essays by Roger Gibson and Anita Avramides. (shrink)

On the basis of recently discovered documents, the paper discusses the family tree of the Jewish Lasker dynasty, originating from Lask in Poland, formerly Prussia. The common forefather of all Laskers was Rabbi Meier Hindels, who lived around 1700. In Germany, the most successful of his descendants was Dr. Eduard Lasker. He was a lawyer, co-founder of the National Liberal party, and in his lifetime the most conspicuous parliamentary opponent to Reich Chancellor Otto von Bismarck. Germany owes him a considerable (...) part of its present day legal structures in criminal, civil and public law. His younger brother Moritz/Morris settled in Texas and became a prominent figure both in business and society. The Lasker family branch that he established in the United States is still flourishing today and has produced a number of personalities of public renown. While visiting his brother, Eduard Lasker died in New York in January 1884. Edward Lasker, a prominent US-based chess champion, descended from another family branch. One of his nieces, Anita Wallfisch-Lasker, wrote an autobiography that describes her ordeal as a member of the camp orchestra at Auschwitz. (shrink)

That reference is inscrutable is demonstrated, it is argued, not only by W. V. Quine's arguments but by Peter Unger's "Problem of the Many." Applied to our own language, this is a paradoxical result, since nothing could be more obvious to speakers of English than that, when they use the word "rabbit," they are talking about rabbits. The solution to this paradox is to take a disquotational view of reference for one's own language, so that "When I use 'rabbit,' I (...) refer to rabbits" is made true by the meaning of the word "refer." The reference relation is extended to other languages by translation. The explanation for this peculiarly egocentric conception of semantics-questions of others' meanings are settled by asking what I mean by words of my language-is to be found in our practice of predicting and explaining other people's behavior by empathetic identification. I understand other people's behavior by asking what I would do in their place. (shrink)

Donald Davidson has made enormous contributions to the philosophy of action, epistemology, semantics and philosophy of mind and today is recognized as one of the most important analytical philosophers of the late twentieth century. _Donald Davidson: Truth, Meaning and Knowledge_ addresses * Davidson's writings on epistemology and theory of language with their implications of ontology and philosophy of mind * the central issue of whether truth is the ultimate goal of enquiry, challenged by contributions from Richard Rorty and Paul Horwich (...) * Davidson's approach to semantics and applied linguistics as addressed by Kirk Ludwig, Gabriel Segal, Peter Pagin, Stephen Neale, Herman Cappelen and Ernie Lepore and Reinaldo Elugardo * Davidson's advances in the philosophy of mind in relation to the views of Williard V. Quine, John McDowell and Peter F. Strawson, in essays by Roger Gibson and Anita Avramides. (shrink)