Terror may have dire implications for the public’s behavior. According to Kirschenbaum :1–33, 2006), in order to minimize the expected impact of a terror incident the public has to adopt a “survival strategy”. According to the underlying research hypothesis of the study, the longer the terror incidents continue, the more the public accepts the possibility that it will be in this situation for the long term; therefore, the extent of its deviation from its ordinary consumer behavior steadily declines after each (...) terror incident. By using daily trade data and an Event Studies econometric methodology, we found the existence of an adaptation trend among the consumer public. Thus, over time, the Israeli public internalized the realization that if it wishes to sustain a reasonable standard of living, it must minimize the disparity between its consumer economic behavior before a terror event and its behavior afterwards. Announcing more assassinations of terrorists was found to calm the public’s fears, when fears are judged by a return to more normal consumption patterns. Another finding is the existence of variance in the pace of this adaptation as a dependency of the type of good consumed: consistently, the adaptation is faster in regard to non-durable goods than to durable goods. This outcome is subject to interpretation, since durable goods may be viewed as “half-consumption goods, half-capital goods,” it stands to reason that capital goods would be more strongly affected than consumption goods. (shrink)

In this article we examine the association between national welfare regime and the propensity of middle–aged and older individuals with adult children of their own to provide social support to aged parents. Using data from mature adults (50+) in 26 European countries, we examine whether older and younger generations compete for the time resources of the middle “sandwiched” generation, and whether national policy context shapes this competition. Contrary to expectations, we found that sandwich generation members were less likely to provide (...) support to their parents in Conservative–Mediterranean and East European regimes, but more likely to do so in universalistic Social–Democratic regimes. This evidence supports the hypothesis that well–developed welfare states “crowd–in” family support to older individuals. Middle generation members who provided social support to their adult children tended to provide to their older parents as well. This was particularly true in the two regimes where resources and public benefits tend to be more generous and may be interpreted as state benefits that reduce intergenerational competition. Findings are discussed in terms of the capacity of state policies to shape the allocation of family resources to older adults where extended family lineages have become the norm. (shrink)

_This essay argues that _Ṭūr-i ma‘rifat_ or _Sinai of Enlightenment_, a monsoon verse travelogue composed in 1228 Persian couplets in the late 1680s by ‘Abd al-Qādir Khān Bīdel of Delhi, allows us to infer a novel model of mind. It argues that its novelty lay in its synthesis of two models in Neoplatonism and Tantra for how the mind relates to its objects of knowledge. It then sets forth the poem’s relations with its lyric precedents in Persian and Braj Bhasha (...) and with concepts of selfhood in Avicenna (d.1037) and Mullā __Ṣ__adr__ā__ (d.1636), arguing that the ghazal-informed attention to natural phenomena that it upheld to its readers as a cure for their ailment was irreducible to any of these precedents, commending it to our attention as_ _an original vision of mind. _ __ __. (shrink)

This book is a comprehensive, empirically-grounded exploration of the relationship between bioethics, culture, and the perspective of being affected. It provides a new outlook on how complex "bioethical" issues become questions of everyday life. The authors focus on two contexts, genetic testing and end-of-life care, to locate and demonstrate emerging themes of responsibility, such as self-responsibility, responsibility for kin, and the responsibility of society. Within these themes, the duty to know versus the right not to know one's genetic fate (in (...) the context of genetic testing), or the sanctity of life versus self-determination (in the context of end of life care) are identified as culturally embedded dilemmas that are very much relevant for lay persons. Furthermore, cultural factors such as religion, history, utopian and dystopian views of biomedical technologies, outlooks on the body and on health/illness, and citizenship are examined. Health issues are increasingly becoming a question of assessing risk and responsibility: How can we better prepare ourselves for the future? We all make such assessments in a way that combines personal inclinations, professional recommendations, and cultural framings. There is still much to be learned about the interplay between these three dimensions. (shrink)

Purpose: To determine motives and attitudes towards life-sustaining treatments by clinical and preclinical medical students. Methods: This was a scenario-based questionnaire that presented patients with a limited life expectancy. The survey was distributed among 455 medical students in preclinical and clinical years. Students were asked to rate their willingness to perform LSTs and rank the motives for doing so. The effect of medical education was then investigated after adjustment for age, gender, religion, religiosity, country of origin, and marital status. Results: (...) Preclinical students had a significantly higher willingness to perform LSTs in all cases. This was observed in all treatments offered in cases of a metastatic oncologic patient and an otherwise healthy man after a traumatic brain injury. In the case of an elderly woman on long-term care, preclinical students had higher willingness to supply vasopressors but not perform an intubation, feed with a nasogastric tube, or treat with a continuous positive air-pressure ventilator. Both preclinical and clinical students had high willingness to perform resuscitation on a twelve-year-old boy with a TBI. Differences in motivation factors were also seen. Discussion: Preclinical students had a greater willingness to treat compared to clinical students in all cases and with most medical treatments offered. This is attributed mainly to changes along the medical curriculum. Changes in reasons for supplying LSTs were also documented. (shrink)

Cognitive Science, Volume 46, Issue 7, July 2022.

We define infinitary extensions to classical epistemic logic systems, and add also a common belief modality, axiomatized in a finitary, fixed-point manner. In the infinitary K system, common belief turns to be provably equivalent to the conjunction of all the finite levels of mutual belief. In contrast, in the infinitary monotonic system, common belief implies every transfinite level of mutual belief but is never implied by it. We conclude that the fixed-point notion of common belief is more powerful than the (...) iterative notion of common belief. (shrink)

It is known that a theory in S5‐epistemic logic with several agents may have numerous models. This is because each such model specifies also what an agent knows about infinite intersections of events, while the expressive power of the logic is limited to finite conjunctions of formulas. We show that this asymmetry between syntax and semantics persists also when infinite conjunctions (up to some given cardinality) are permitted in the language. We develop a strengthened S5‐axiomatic system for such infinitary logics, (...) and prove a strong completeness theorem for them. Then we show that in every such logic there is always a theory with more than one model. (shrink)

The French philosopher Simone Weil (1909-1943) thought of geometry and algebra not as complementary modes of mathematical investigation, but rather as constituting morally opposed approaches: whereas geometry is the sine qua non of inquiry leading from ruthless passion to temperate perception, in accord with the human condition, algebra leads in the reverse direction, to excess and oppression. We explore the constituents of this argument, with their roots in classical Greek thought, and also how Simone Weil came to qualify it following (...) her exchange with her brother, the mathematician André Weil. (shrink)

Patient organizations are increasingly involved in national and international bioethical debates and health policy deliberations. In order to examine how and to what extent cultural factors and organizational contexts influence the positions of patient organizations, this study compares the positions of German and Israeli patient organizations (POs) on issues related to end-of-life medical care. We draw on a qualitative pilot study of thirteen POs, using as a unit of analysis pairs comprised of one German PO and one Israeli PO that (...) were matched on the basis of organizational category. Bioethical positions that emanated from the interviews concerned advance directives—general views, recent legal framework, and formalization; as well as active and passive euthanasia, withholding and withdrawing of treatment, and physician-assisted suicide. In addition to the unifying, within-country impact of cultural factors, we found that constituency-based organizations and partner organizations in both countries often share common views, whereas disease-based support organizations have very heterogeneous positions. We conclude by discussing how organizational contexts provide a source of uniformity as well as diversity in the positions of POs. (shrink)

In Economics individuals are defined by their preferences over the consequences of their own actions and the actions carried out by others. In contrast, Simone Weil depicts the individual as continuously re-constituted by the contact that he establishes with reality via his action. Such an action is aimed at achieving an effect in the physical world, but what makes it human is not success per se, but rather the fact that it stems from reasoning and planning. Affliction is caused by (...) effort carried out mechanically like that of a beast of burden, when the individual has no opportunity to exercise reason for choosing how to confront reality's ever-challenging hazards and necessity. (shrink)

John Rawls and Simone Weil presented two distinct conceptions of political justice, aimed at articulating a common ethos in an inherently heterogeneous society. The terms of the former, chiefly concerned with the distribution of primary goods, underwrite much of today's Western democracies political liberalism. The terms of the latter, chiefly concerned with the way interaction is organised in social activities in view of the body and soul's balancing pairs of needs, are less well known. We explain the sense in which (...) the overlapping consensus in Weil's notion of political justice is “thicker”, and may thus deserve more attention – alongside that of Rawls – for substantiating a democratic ethos within political liberalism. (shrink)

ABSTRACT If it could be shown that law is, in some sense, a moral system the apparent contradiction between (moral) autonomy and (legal) heteronomy might be challenged. In order to prepare for such a challenge this paper questions the prevailing view that law is not in the business of enforcing morals. That is done primarily by using decisions of the criminal courts to show that the law does not always criminalise conduct merely to prevent harm to others. Paternalism is distinguished (...) from the harm principle in order to show that the law (rightly or wrongly) sometimes seeks to secure that which is (thought to be) morally good, irrespective of the prevention of harm, at least overall harm. If such an insight is well founded there are consequences for legal theory in that neither of the ruling paradigms (naturalism and positivism) seems able adequately to accommodate the view of law which emerges. Consequently, an attempt is made in the essay to develop a middle theory of law, between naturalism and positivism, which is referred to as ‘normative positivism‘. The theory presented has, in turn, consequences for political practice. If law can be seen as community morality rather than as merely the morality of officials, then everyone has a stake in the moral content of law and there may be good moral reasons for disobeying official laws. Civil disobedience is the citizen's ultimate resort against the official morality that has appropriated to itself the eulogistic name of ‘law‘. That law may be seen as community morality also calls into question some ruling paradigms as to the nature of morality but, if the claim can be sustained, then the legal system may be seen as applied moral philosophy in action. (shrink)

The routinization of prenatal diagnosis is the source of bioethical and policy debates regarding choice, autonomy, access, and protection. To understand these debates in the context of cultural diversity and moral pluralism, we compare Israel and Germany, focusing on two recent repro-genetic “hot spots” of such policy-making at the beginning of life: pre-implantation genetic diagnosis and non-invasive prenatal genetic testing, two cutting-edge repro-genetic technologies that are regulated and viewed very differently in Germany and Israel, reflecting different medicolegal policies as well (...) as public and bioethical considerations. First, we compare policy-making in the context of PGD for HLA typing, used to create sibling donors, approved in Israel under specific conditions while prohibited in Germany. Second, we compare policy-making in the context of NIPT, which came under fire in Germany, while in Israel there has been little public debate about it. Both countries justify their contrasting policies as reflecting a concern for the well-being and care of the embryo/child, thus highlighting different concepts of embryo/child protection, autonomy, family relations, and the impact of religion and history on the promotion/protection of life. We use the juxtaposition of PGD and NIPT to highlight some inconsistencies in policies concerning the protection of extra- and intra-corporeal embryos. We conclude by drawing on the comparison to show how national variations exist alongside co-evolution. (shrink)

Looking at the new and often disputed science of epigenetics, we examined the challenges faced by scientists when they communicate scientific research to the public. We focused on the use of metaphors to illustrate notions of epigenetics and genetics. We studied the “encoding” by epigeneticists and “decoding” in focus groups with diverse backgrounds. We observed considerable overlap in the dominant metaphors favored by both researchers and the lay public. However, the groups differed markedly in their interpretations of which metaphors aided (...) understanding or not. We conclude by discussing the role of metaphors and their interpretations in the context of a shift from pre-deterministic genomic metaphors to more active, dynamic and nuanced epigenetic metaphors. These reflections on the choice of metaphors and differences in encoding/decoding are important for science communication and scientific boundary-maintenance. (shrink)

The original version of this article unfortunately contained a mistake: The equation on page 34 was incorrect. The corrected equation is given below.

We show that Dedekind, in his proof of the principle of definition by mathematical recursion, used implicitly both the concept of an inductive cone from an inductive system of sets and that of the inductive limit of an inductive system of sets. Moreover, we show that in Dedekind’s work on the foundations of mathematics one can also find specific occurrences of various profound mathematical ideas in the fields of universal algebra, category theory, the theory of primitive recursive mappings, and set (...) theory, which undoubtedly point towards the mathematics of twentieth and twenty-first centuries. (shrink)

BackgroundThe introduction and wide application of non-invasive prenatal testing (NIPT) has triggered further evolution of routines in the practice of prenatal diagnosis. ‘Routinization’ of prenatal diagnosis however has been associated with hampered informed choice and eugenic attitudes or outcomes. It is viewed, at least in some countries, with great suspicion in both bioethics and public discourse. However, it is a heterogeneous phenomenon that needs to be scrutinized in the wider context of social practices of reproductive genetics. In different countries with (...) their different regulatory frameworks, different patterns of routines emerge that have different ethical implications.This paper discusses an ethics of routines informed by the perspectives of organizational sociology and psychology, where a routine is defined as a repetitive, recognizable pattern of interdependent organizational actions that is carried out by multiple performers. We favour a process approach that debunks the view – which gives way to most of the concerns – that routines are always blindly performed. If this is so, routines are therefore not necessarily incompatible with responsible decision-making. Free and informed decision-making can, as we argue, be a key criterion for the ethical evaluation of testing routines. If free and informed decision-making by each pregnant woman is the objective, routines in prenatal testing may not be ethically problematic, but rather are defensible and helpful. We compare recent experiences of NIPT routines in the context of prenatal screening programmes in Germany, Israel and the Netherlands. Notable variation can be observed between these three countries (i) in the levels of routinization around NIPT, (ii) in the scope of routinization, and (iii) in public attitudes toward routinized prenatal testing.ConclusionAn ethics of routines in the field of prenatal diagnostics should incorporate and work with the necessary distinctions between levels and forms of routines, in order to develop sound criteria for their evaluation. (shrink)

To explore how cultural beliefs are reflected in different popular views of pre-implantation genetic diagnosis for human leukocyte antigen match (popularly known as “savior siblings”), we compare the reception and interpretations, in Germany and Israel, of the novel/film My Sister’s Keeper. Qualitative analysis of reviews, commentaries and posts is used to classify and compare normative assessments of PGD for HLA and how they reproduce, negotiate or oppose the national policy and its underlying cultural and ethical premises. Four major themes emanated (...) from the comparison: loss of self-determination and autonomy; loss of dignity through instrumentalization; eugenics and euthanasia; and saving life. In both countries, most commentaries represented a dominant position, with a few negotiated positions. We also highlight the decoding of a relatively less explored bioethical aspect of My Sister’s Keeper’s narrative, namely the meaning of euthanasia. We conclude by discussing how the findings relate to attempts of providing cultural explanations for the regulation of HLA-PGD. (shrink)

This paper argues that the passages on practical spirit within Hegel's 'Psychology' are able to enrich the picture of Hegel's account of intentional action by providing us with a genuine discussion of 'subjective action.' This kind of intentional activity is not yet part of moral or legal philosophy, and it is neutral as regards the question how an action becomes actually manifest in the world as a 'deed', potentially causing unintended consequences. Instead, subjective action consists in the teleological, end-pursuing action (...) of an agent acting on drives and wilfully choosing ends, which are practical as the causa finalis of an agent's doing. Thus, the 'Psychology' investigates intentional action from the first-personal perspective of the mental activity of the subject. It is legitimately part of subjective rather than objective spirit and its socially mediated normativity is psychological rather than moral. (shrink)

RésuméL'idée d'un “monde des images” situé quelque part entre les mondes immatériel et matériel est un pivot de la spéculation eschatologique dans l'Islam médiéval tardif. Comme cela a déjà été reconnu, le concept a été inauguré par al-Suhrawardī. Cependant, ses fondements plus proprement philosophiques et en particulier la notion d'images “suspendues” – des images dotées d'un statut en quelque manière objectif plutôt que purement mental ou subjectif – méritent d’être davantage clarifiés; et c'est ce que cet article entend faire. Puisque (...) le concept de “formes suspendues”, tout en étant appliqué par al-Suhrawardī à des questions eschatologiques dans le dernier traité de sa Philosophie de l'illumination, apparaît pour la première fois dans une discussion sur la vision spéculaire, j'examine assez en détail la conception avicennienne de la vision spéculaire telle qu'elle est présentée dans le Shifāʾ, ouvrage contre lequel al-Suhrawardī réagit. J'entreprends ensuite une reconstruction détaillée de deux paragraphes de la Philosophie de l'illumination en accordant une attention particulière à la question du statut ontologique des images “suspendues” ou “auto-subsistantes” ainsi qu’à l'idée selon laquelle les miroirs servent non pas de lieux dans lesquels les images résideraient, mais de lieux où elles deviennent manifestes. (shrink)

This paper offers a reading of key passages in Hegel’s Philosophy of Spirit, which can serve as the basis for an argument to discuss the shortcomings of two contemporary readings of Hegel’s notion of ‘second nature’. It investigates two micro-processes which Hegel discusses within his Philosophy of Spirit, the process of transition from sound to speech and the process of transition from natural will to ethical will. Thereby, the text is able to mark the differences between mere habit, second nature (...) of an ethical agent, and self-mediated self-determination of spirit. Second nature is neither a falling back into nature and therefore a limitation of human freedom, nor is it a notion that in itself could explain the process of Bildung as Hegel sees it. Instead, second nature should be understood within the framework of freedom as practical self-determination which allows spirit to relate to itself as other through its product. (shrink)

23andMe not only sells genetic testing but also uses customer data in its R&D activities and commercial partnerships. This raises questions about transparency and informed consent. Based on a online survey conducted in 2017–18, we examine attitudes of 368 customers of 23andMe toward the company's use of their data. Our findings point at divides in the context of customers' awareness of the two-sided business model of DTC genetics and their attitudes toward consent. While most of our respondents (68%) were aware (...) that 23andMe could store their data and use it for certain purposes without their consent, over 40% were not aware that using and sharing customer data was part of the business model. Views were also divided regarding what type of consent was most appropriate. We explore the implications of these divides for participatory research and for the importance of transparency and trust in commercially-driven scientific knowledge production. (shrink)

Hegel’s “Philosophy of Spirit” applies two different notions of ‘social practice’ – one as a condition of possibility for intentional action and another one as the living actuality within which an action is initiated and takes place. Both notions go hand in hand with their own logically distinct form of normativity – social normativity and the normativity of right. Whereas the first one can already be understood from the standpoint of subjective spirit, the second notion is at home in objective (...) spirit or Hegel’s Rechtsphilosophie. Stressing this distinction has consequences not only for a more differentiated account on Hegel’s philosophy of action, but also for an interpretation of ethical life – which should not be equated with the first notion of social practice. In order to mark the importance of ethical life for Hegel’s Rechtsphilosophie, the relevance of objectivity for objective spirit needs to be highlighted, which according to Hegel cannot be derived from a process of inner transformation of changing attitudes of the acting subject towards the norms of her action. (shrink)

"Hegel’s Philosophical Psychology" draws attention to a largely overlooked piece of Hegel’s philosophy: his substantial and philosophically rich treatment of psychology at the end of the 'Philosophy of Subjective Spirit', which itself belongs to his main work, the "Encyclopaedia of the Philosophical Sciences". This volume makes the case that Hegel’s approach to philosophy of mind as developed within this text can make an important contribution to current discussions about mind and subjectivity, and can help clarify the notion of spirit within (...) Hegel’s larger philosophical project. Scholars from different schools of Hegelian thought provide a multifaceted overview of Hegel’s 'Psychology': Part I begins with an overview of Hegel’s 'Philosophy of Subjective Spirit', which outlines both its historical context and its systematic context within Hegel’s philosophy of subjective spirit. Parts II and III then investigate the individual chapters of the sections on psychology: the theoretical mind and the practical and free mind. The volume concludes by examining the challenges which Hegel’s 'Psychology' poses for contemporary epistemological debates and the philosophy of psychology. Throughout, the volume brings Hegel’s views into dialogue with 20th- and 21st-century thinkers such as Bergson, Bourdieu, Brandom, Chomsky, Davidson, Freud, McDowell, Sellars, Wittgenstein, and Wollheim. (shrink)

There are two ways of dealing with Kant's derogatory position on music. Either it is claimed that Kant's opinion is a result of biographical factors, or Kant is regarded as a mere predecessor of a more successful music aesthetics. While the first way mistakes Kant's personal preferences for a philosophical argument about the nature of sound, the second approach underestimates the close connection between his music aesthetics and his whole philosophical system. Against these approaches the article defends the proposition that (...) Kant's (like any other) music aesthetics can only be understood with reference to the concepts of „time“ and „movement“ in order to elucidate the ontology of sound objects. (shrink)

A fundamental concept of a philosophy of music is that of sound. Any investigation of this concept has to be ontologically as well as epistemically adequate. The main proposition of the article is that sounds can only be understood ontologically if we take into consideration their main characteristic of being strictly shapeless and lacking content, an insight that we can learn from Kant. In contradiction to Kant, sounds can be epistemologically characterized as objects that can only be re-presented if the (...) hearer co-presents their temporal extension. The argument is developed through a discussion of the work of P. F. Strawson, G. Evans, R. Scruton, and H. Riemann. (shrink)

The author suggests that law is best represented, understood, and taught in the form of open‐ended, defeasible, normative, conditional propositions. The meaning, role, and significance of defeasibility is explained by presenting three ‘canonical forms’ and by distinguishing exceptions and overrides. The role of equity in the law of contract, as understood by the author, is taken as an exemplar of override and parallels are drawn with policy in the English law of tort and with mercy in the criminal law of (...) England and Wales. The third and preferred canonical form is sequenced and internally differentiated and seeks a satisfactory middle way between all‐or‐nothing rules and wild‐card discretion and a reconciliation of the surface demands of legal rules and the deeper values embedded in law. The suggested approach therefore resists closure and seeks a conceptual restructuring of law which opens it up to the influence of notions such as justice and equity and locates them as open‐ended conditions of defeasance inhabiting the express or implied ‘unless…’ clause which is taken to be an element in every fully‐formed statement of law. This approach accommodates law as a locus not only of traditional rule‐based reasoning, but also of open‐ended internal moral reasoning invoking deeper values inherent in law and only imperfectly captured and implemented by formal legal rules. (shrink)

End-of-life decisions concerning euthanasia, stopping life-support machines, or handling advance directives are very complex and highly disputed in industrialized, democratic countries. A main controversy is how to balance the patient’s autonomy and right to self-determination with the doctor’s duty to save life and the value of life as such. These EoL dilemmas are closely linked to legal, medical, religious, and bioethical discourses. In this paper, we examine and deconstruct these linkages in Germany and Israel, moving beyond one-dimensional constructions of ethical (...) statements as “social facts” to their conflicting and multifaceted embedding within professional, religious, and cultural perspectives. (shrink)

The professional and institutional responsibility for handling genetic knowledge is well discussed; less attention has been paid to how lay people and particularly people who are affected by genetic diseases perceive and frame such responsibilities. In this exploratory study we qualitatively examine the attitudes of lay people, patients and relatives of patients in Germany and Israel towards genetic testing. These attitudes are further examined in the national context of Germany and Israel, which represent opposite regulatory approaches and bioethical debates concerning (...) genetic testing. Three major themes of responsibility emerged from the inter-group and cross-cultural comparison: self-responsibility, responsibility for kin, and responsibility of society towards its members. National contrast was apparent in the moral reasoning of lay respondents concerning, for example, the right not to know versus the duty to know (self-responsibility) and the moral conflict concerning informing kin versus the moral duty to inform (responsibility for kin). Attitudes of respondents affected by genetic diseases were, however, rather similar in both countries. We conclude by discussing how moral discourses of responsibility are embedded within cultural (national, religious) as well as phenomenological (being affected) narratives, and the role of public engagement in bioethical discourse. (shrink)

After defining, for each many-sorted signature Σ = (S, Σ), the category Ter ( Σ ), of generalized terms for Σ (which is the dual of the Kleisli category for , the monad in Set S determined by the adjunction from Set S to Alg ( Σ ), the category of Σ -algebras), we assign, to a signature morphism d from Σ to Λ , the functor from Ter ( Σ ) to Ter ( Λ ). Once defined the mappings (...) that assign, respectively, to a many-sorted signature the corresponding category of generalized terms and to a signature morphism the functor between the associated categories of generalized terms, we state that both mappings are actually the components of a pseudo-functor Ter from Sig to the 2-category Cat . Next we prove that there is a functor Tr Σ , of realization of generalized terms as term operations, from Alg ( Σ ) × Ter ( Σ ) to Set , that simultaneously formalizes the procedure of realization of generalized terms and its naturalness (by taking into account the variation of the algebras through the homomorphisms between them). We remark that from this fact we will get the invariance of the relation of satisfaction under signature change. Moreover, we prove that, for each signature morphism d from Σ to Λ , there exists a natural isomorphism θ d from the functor to the functor , both from the category Alg ( Λ ) × Ter ( Σ ) to the category Set , where d * is the value at d of the arrow mapping of a contravariant functor Alg from Sig to Cat , that shows the invariant character of the procedure of realization of generalized terms under signature change. Finally, we construct the many-sorted term institution by combining adequately the above components (and, in a derived way, the many-sorted specification institution), but for a strict generalization of the standard notion of institution. (shrink)

Given statements like these about current developments in intellectualizing about law in America it is an exciting time to look at American legal philosophy. Given the ferment in the law schools and the volume of literature in the law journals it is also a difficult task confidently to extract the main lines of current thought and adequately to assess the significance of current intellectual movements. American lawyers are inclined to point out that there is no such thing as ‘American law’. (...) Rather, in addition to Federal law and the Supreme Court's jurisdiction there are some fifty jurisdictions each with its own Constitution, Legislature and Supreme Court and consequently diversity rather than uniformity is the rule. Equally, the very idea that there is some single, coherent and widely accepted theory of law deserving description as ‘American legal philosophy’ obviously begs all manner of significant questions. (shrink)