This collection brings together well-established scholars to examine the limits of law, a topic that has been of broad interest since the events of 9/11 and the responses of U.S. law and policy to those events. The limiting conditions explored in this volume include marking law’s relationship to acts of terror, states of emergency, gestures of surrender, payments of reparations, offers of amnesty, and invocations of retroactivity. These essays explore how law is challenged, frayed, and constituted out of contact with (...) conditions that lie at the farthest reaches of its empirical and normative force. (shrink)

Increasingly, clinical research is evaluated on the quality of its statistical analysis. Traditionally, statistical analyses in clinical research have been carried out from a ‘frequentist’ perspective. The presence of an alternative paradigm – the Bayesian paradigm – has been relatively unknown in clinical research until recently. There is currently a growing interest in the use of Bayesian statistics in health care research. This is due both to a growing realization of the limitations of frequentist methods and to the ability of (...) Bayesian methods explicitly to incorporate prior expert knowledge and belief into the analyses. This is in contrast to frequentist methods, where prior experience and beliefs tend to be incorporated into the analyses in an ad hoc fashion. This paper outlines the frequentist and Bayesian paradigms. Acute myocardial infarction mortality data are then analysed from both a Bayesian and a frequentist perspective. In some analyses, the two methods are seen to produce comparable results; in others, they produce different results. It is noted that in this example, there are clinically relevant questions that are more easily addressed from a Bayesian perspective. Finally, areas in clinical research where Bayesian ideas are increasingly common are highlighted. (shrink)

This book considers the problem of law's physical control of persons and it illuminates competing visions of the law: as both a tool of regulation and as an ...

This collection brings together well-established scholars to examine the limits of law, a topic that has been of broad interest since the events of 9/11 and the responses of U.S. law and policy to those events. The limiting conditions explored in this volume include marking law’s relationship to acts of terror, states of emergency, gestures of surrender, payments of reparations, offers of amnesty, and invocations of retroactivity. These essays explore how law is challenged, frayed, and constituted out of contact with (...) conditions that lie at the farthest reaches of its empirical and normative force. (shrink)

This paper aims to defend a dialectical account of selfhood in the context of the contemporary debates on personal identity in Anglo-American philosophy. I interpret Reductionism and Non-Reductionism—the two dominant positions in contemporary Anglo-American philosophy—as forming something analogous to an antinomy. Reductionists argue that the self is merely an identity that is reducible to a set of facts, while Non-Reductionists argue that the self is a separate entity beyond any set of facts. I argue that a comprehensive view of the (...) self requires aspects from both of these positions. The self, then, should be understood as an ongoing activity that relates the various features of one’s identity together. (shrink)

Focusing on Truth explores the question of what truth is, balancing historical with issue-orientated discussion. The book offers a comprehensive survey of all the major theories of truth. Lawrence Johnson investigates a number of closely related matters of truth in his inquiry, such as: What sorts of things are true or false? What is attributed to them when they are said to be true or false? What do facts have to do with truth? What can we learn from previous (...) theories? The book opens with an analysis of the coherence theory of truth and then the correspondence theory of truth, as developed by Moore, Russell and Wittgenstein. Through a study of the semantic conceptions of truth, the author reveals that an adequate theory of truth must take account of the pragmatics of person, purpose, and circumstance. A full understanding of facts and truth bearers is considered central to Johnson's criticism of the opposing truth theories of J. L. Austin and P. F. Strawson. Drawing on the merits of these theories and others, while identifying their deficiencies, Johnson presents a new account of truth, based on the correlation of referential foci and the use of linguistic conventions. This account is defended as being adequate to meet the legitimate demands made on a theory of truth. Johnson argues that the account leaves scope for statements of many different sorts to be true in their own widely varying ways, without the existence of a need to posit fundamentally different kinds of truth. (shrink)

O SET THE STAGE for the discussion[1], I will rehearse and clarify a well-known dispute between A. J. Ayer and J. L. Austin concerning whether perceptual judgments are inferences. Both in his Sense and Sensibilia[2] and in his "Other Minds,"[3] Austin carefully distinguishes recognizing that p from inferring that p. For the purpose of comparing his position to Ayer's, we might put his basic claim in this way: given the way words such as "recognize" and "infer" are used (...) outside philosophical discussions, one clearly distinguishes instances of recognizing from instances of inferring. Yet Ayer does not dispute that, but replies that while non-philosophers do make a sharp distinction between the two, it is arbitrary for philosophical purposes.[4] Claims based upon one's having recognized something are sufficiently like claims based upon one's having inferred, Ayer supposes, that it is useful to treat them as instances of a common category. So the issue is not whether the distinction is recognized outside philosophical circles, but whether it is a defensible and useful one to make. Clearly, Austin insists upon the distinction because he supposes that failing to make it will promote philosophical confusion; indeed, he argues that one traditional problem of skepticism is largely due to this confusion.[5] In his "Other Minds," Austin tries to suggest how recognizing differs from inferring by showing how the sorts of questions or challenges brought to bear differ between the two sorts of claim:[6] for inferences, one wants a rehearsal of the pieces of evidence and an account of their connections to the judgment; for perceptual claims of recognition, one explores whether the observer had the opportunity to see what he claimed to have seen, whether he had acquired the expertise to recognize the sort of thing he claimed to have seen, and whether the circumstances were free of evident distraction and defect. But his readers' appreciation of these things depends. (shrink)

John Austin's classic work that has had a profound influence on the study of English and American law presents Austin's distinction between "positive law" (i.e.

A systematic theory of naturalism, bridging metaphysics and the science of complexity and emergence.

For this second edition, the editors have returned to Austin's original lecture notes, amending the printed text where it seemed necessary.

_A systematic theory of naturalism, bridging metaphysics and the science of complexity and emergence._.

The Province of Jurisprudence Determined (1832) is a classic of nineteenth-century English jurisprudence, a subject on which Austin had a profound impact. His book is primarily concerned with a meticulous explanation of most of the core concepts of his legal philosophy, including his conception of law, his separation of law and morality, and his theory of sovereignty. Almost a quarter of it consists of an interpretation and defence of the principle of utility. This edition includes the complete and unabridged (...) text of the fifth (1885) and last edition. The comprehensive introduction discusses Austin's life, the main themes of his book, leading criticisms of his ideas, and recent interpretations of his legal philosophy. The edition also includes an up-to-date bibliography and biographical synopses of the principal figures mentioned in the text. (shrink)

In this paper we look at the manual analysis of arguments and how this compares to the current state of automatic argument analysis. These considerations are used to develop a new approach combining a machine learning algorithm to extract propositions from text, with a topic model to determine argument structure. The results of this method are compared to a manual analysis.

Although they are continually compositionally reconstituted and reconfigured, organisms nonetheless persist as ontologically unified beings over time – but in virtue of what? A common answer is: in virtue of their continued possession of the capacity for morphological invariance which persists through, and in spite of, their mereological alteration. While we acknowledge that organisms‟ capacity for the “stability of form” – homeostasis - is an important aspect of their diachronic unity, we argue that this capacity is derived from, and grounded (...) in a more primitive one – namely, the homeodynamic capacity for the “specified variation of form”. In introducing a novel type of causal power – a „structural power‟ – we claim that it is the persistence of their dynamic potential to produce a specified series of structurally adaptive morphologies which grounds organisms‟ privileged status as metaphysically “one over many” over time. (shrink)

First published in 1962, contains the William James Lectures delivered at Harvard University in 1955. It sets out Austin's conclusions in the field to which he directed his main efforts for at least the last ten years of his life. Starting from an exhaustive examination of his already well- known distinction of performative utterances from statements, Austin here finally abandons that distinction, replacing it by a more general theory of 'illocutionary forces' of utterances which has important bearings on (...) a wide variety of philosophical problems. (shrink)

The subject of this paper, Excuses, is one not to be treated, but only to be introduced, within such limits. It is, or might be, the name of a whole branch, even a ramiculated branch, of philosophy, or at least of one fashion of philosophy. I shall try, therefore, first to state what the subject is, why it is worth studying, and how it may be studied, all this at a regrettably lofty level: and then I shall illustrate, in more (...) congenial but desultory detail, some of the methods to be used, together with their limitations, and some of the unexpected results to be expected and lessons to be learned. Much, of course, of the amusement, and of the instruction, comes in drawing the coverts of the microglot, in hounding down the minutiae, and to this I can do no more here than incite you. But I owe it to the subject to say, that it has long afforded me what philosophy is so often thought, and made, barren of -- the fun of discovery, the pleasures of co-operation, and the satisfaction of reaching agreement. (shrink)

Although contemporary metaphysics has recently undergone a neo-Aristotelian revival wherein dispositions, or capacities are now commonplace in empirically grounded ontologies, being routinely utilised in theories of causality and modality, a central Aristotelian concept has yet to be given serious attention – the doctrine of hylomorphism. The reason for this is clear: while the Aristotelian ontological distinction between actuality and potentiality has proven to be a fruitful conceptual framework with which to model the operation of the natural world, the distinction between (...) form and matter has yet to similarly earn its keep. In this chapter, I offer a first step toward showing that the hylomorphic framework is up to that task. To do so, I return to the birthplace of that doctrine - the biological realm. Utilising recent advances in developmental biology, I argue that the hylomorphic framework is an empirically adequate and conceptually rich explanatory schema with which to model the nature of organisms. (shrink)

The study of the physical world had its origins in philosophy, and, two-and-one-half millennia later, the scientific advances of the twentieth century are bringing the two fields closer together again. So argues Lawrence Sklar in this brilliant new text on the philosophy of physics.Aimed at students of both disciplines, Philosophy of Physics is a broad overview of the problems of contemporary philosophy of physics that readers of all levels of sophistication should find accessible and engaging. Professor Sklar’s talent for (...) clarity and accuracy is on display throughout as he guides students through the key problems: the nature of space and time, the problems of probability and irreversibility in statistical mechanics, and, of course, the many notorious problems raised by quantum mechanics.Integrated by the theme of the interconnectedness of philosophy and science, and linked by many references to the history of both disciplines, Philosophy of Physics is always clear, while remaining faithful to the complexity and integrity of the issues. It will take its place as a classic text in a field of fundamental intellectual importance. (shrink)

A recent development in biology has been the growing acceptance that holobionts, entities comprised of symbiotic microbes and their host organisms, are widespread in nature. There is agreement that holobionts are evolved outcomes, but disagreement on how to characterize the operation of natural selection on them. The aim of this paper is to articulate the contours of the disagreement. I explain how two distinct foundational accounts of the process of natural selection give rise to competing views about evolutionary individuality.

Prior to the twentieth century, theories of knowledge were inherently perceptual. Since then, developments in logic, statis- tics, and programming languages have inspired amodal theories that rest on principles fundamentally different from those underlying perception. In addition, perceptual approaches have become widely viewed as untenable because they are assumed to implement record- ing systems, not conceptual systems. A perceptual theory of knowledge is developed here in the context of current cognitive science and neuroscience. During perceptual experience, association areas in the (...) brain capture bottom-up patterns of activation in sensory-motor areas. Later, in a top-down manner, association areas partially reactivate sensory-motor areas to implement perceptual symbols. The stor- age and reactivation of perceptual symbols operates at the level of perceptual components – not at the level of holistic perceptual expe- riences. Through the use of selective attention, schematic representations of perceptual components are extracted from experience and stored in memory (e.g., individual memories of green, purr, hot). As memories of the same component become organized around a com- mon frame, they implement a simulator that produces limitless simulations of the component (e.g., simulations of purr). Not only do such simulators develop for aspects of sensory experience, they also develop for aspects of proprioception (e.g., lift, run) and introspec- tion (e.g., compare, memory, happy, hungry). Once established, these simulators implement a basic conceptual system that represents types, supports categorization, and produces categorical inferences. These simulators further support productivity, propositions, and ab- stract concepts, thereby implementing a fully functional conceptual system. Productivity results from integrating simulators combinato- rially and recursively to produce complex simulations. Propositions result from binding simulators to perceived individuals to represent type-token relations. Abstract concepts are grounded in complex simulations of combined physical and introspective events. Thus, a per- ceptual theory of knowledge can implement a fully functional conceptual system while avoiding problems associated with amodal sym- bol systems. Implications for cognition, neuroscience, evolution, development, and artificial intelligence are explored. (shrink)

By re-examining the writings of Gadamer and Habermas and their views of earlier interpretive theorists, this book offers a radical challenge to their idea of the 'dialogue' between researchers and their subjects.

The underreporting of suspected adverse drug reactions remains a primary issue for contemporary post-market drug surveillance or ‘pharmacovigilance.’ Pharmacovigilance pioneer W.H.W. Inman argued that ‘deadly sins’ committed by clinicians are to blame for underreporting. Of these ‘sins,’ ignorance and lethargy are the most obvious and impactful in causing underreporting. However, recent analyses show that diffidence, insecurity, and indifference additionally play a major role. I aim to augment our understanding of diffidence, insecurity, and indifference by arguing these sins are underwritten by (...) value judgments arising via epistemic risk. I contend that ‘evidence-based’ medicine codifies these sins. (shrink)

Jnanasrimitra (975-1025) was regarded by both Buddhists and non-Buddhists as the most important Indian philosopher of his generation. His theory of exclusion combined a philosophy of language with a theory of conceptual content to explore the nature of words and thought. Jnanasrimitra's theory informed much of the work accomplished at Vikramasila, a monastic and educational complex instrumental to the growth of Buddhism. His ideas were also passionately debated among successive Hindu and Jain philosophers. This volume marks the first English translation (...) of Jnanasrimitra's Monograph on Exclusion, a careful, critical investigation into language, perception, and conceptual awareness. Featuring the rival arguments of Buddhist and Hindu intellectuals, among other thinkers, the Monograph reflects more than half a millennium of competing claims while providing an invaluable introduction to a crucial philosopher. Lawrence J. McCrea and Parimal G. Patil familiarize the reader with the author, themes, and topics of the text and situate Jnanasrimitra's findings within his larger intellectual milieu. Their clear, accessible, and accurate translation proves the influence of Jnanasrimitra on the foundations of Buddhist and Indian philosophy. (shrink)

The editors, working with a team of 325 renowned authorities in the field of ethics, have revised, expanded, and updated this classic encyclopedia. Along with the addition of 150 new entries, all of the original articles have been newly peer-reviewed and revised, bibliographies have been updated throughout, and the overall design of the work has been enhanced for easier access to cross-references and other reference features. New entries include * Aristotelian Ethics * Avicenna * Bad Faith * Beneficence * Categorical (...) and Hypothetical Imperatives * Cheating * Civil Liberty * Conventions * Dirty hands * Evolution * Fiduciary Relationships * Gay ethics * Genetic Engineering * Holocaust * Journalism * Killing/Letting Die * Moral Imagination * Narrative Ethics * Political correctness * Population Ethics * Public and 0rivate Morality * Racism, concepts of * and many more. (shrink)

Many kinds of relativism have been attributed to Karl Marx. We discuss three broad areas of Marx’s thinking: his theories of history, science, and morality. Along the way, we show that Marx is committed to a version of philosophical naturalism that privileges the results of genuine science over alternative ways of understanding the world. This outlook presupposes the possibility of objective knowledge of the world. It follows that Marx is no relativist (at least in the senses we consider). Unlike many (...) non-relativists, however, Marx pays close attention to the problems with which contemporary philosophers interested in relativism are most preoccupied: irresolvable moral disagreements between social groups, the evolution of institutions and practices over time, and the prominent, perhaps decisive role played by non-cognitive social factors in belief formation. We show how some later Marxists have mistaken this close attention for evidence that Marx himself is a relativist. (shrink)

This collection of interdisciplinary essays on a unique work by a physician and political figure in 12th-century Spain and North Africa casts important light on the social and intellectual history of the period and breaks new ground in the critical assessment of medieval Arabic literary works.

Friendship, Altruism, and Morality, originally published in 1980, gives an account of "altruistic emotions" and friendship that brings out their moral value. Blum argues that moral theories centered on rationality, universal principle, obligation, and impersonality cannot capture this moral importance. This was one of the first books in contemporary moral philosophy to emphasize the moral significance of emotions, to deal with friendship as a moral phenomenon, and to challenge the rationalism of standard interpretations of Kant, although Blum’s "sentimentalism" owes more (...) to Schopenhauer than to Hume. It was a forerunner to care ethics, and feminist ethics more generally; to virtue ethics; and to subsequent influential interpretations of Kant that attempted to room for altruistic emotion and friendship, and other forms of particularism and partialism. In addition, the work has been widely influential in religious studies, political theory, bioethics, and feminist ethics. (shrink)

It is widely claimed that the second Critique’s argument for the postulate of immortality is relevantly different from the first Critique’s argument for the postulate. It is also widely claimed that after the second Critique, Kant distances himself from its particular version of the argument, and even the postulate altogether. It is the purpose of this article to challenge these claims, arguing instead that (a) there is overwhelming textual evidence showing that Kant did not abandon the postulate; (b) the second (...) Critique does not contain a substantially different argument for the postulate than how it is argued for in the first Critique; and (c) the philosophical objections levied against the second Critique’s argument, including its putative substitution of holiness for virtue, become moot once its argument is better understood. (shrink)

Translation of: Talkhaios kitaab al-Akhlaaq, book 4.