The dominant social scientific approach to studying judicial behavior treats judges as strategic actors pursuing their political preferences under institutional constraint. The intellectual roots of this rational choice approach are in American law’s long but sporadic engagement with pragmatist ideas. This article challenges that approach: a fully pragmatist account of judicial action provides a better description of the intellectual and social work of judging, and better explains how judges reach a decision in difficult cases that most affect the development of (...) law and its relationship to society. The article argues that the foundational intellectual problem for appellate judges is how to define the legal questions presented in a case. Definitions of legal questions arise from the interplay of habitual and creative action in the local social context of an appeals court. Professional and local interpretive habits and legal forms ordinarily do a great deal to define the key questions, which are not strictly determined when a case comes before a court. Unscripted small group interactions at oral arguments also figure in question definition; oral arguments are most important in the rare but legally important cases where habitual practices alone are insufficient to delimit the legal question judges must answer. Supported by extensive interviews with federal appeals judges and clerks, the article illustrates judges’ creative, interactional efforts to define an answerable question in a major asylum case decided in the Seventh Circuit Court of Appeals. Building from this case, the article describes the factors that shape judicial question definition, and describes the conditions when creative judicial action is likely to be most prominent. (shrink)

An outstanding question for Hybrid dual process models of reasoning is whether both basic and more complex forms of conditional inference result...

This is the first book to offer the best essays, articles, and speeches on ethics and intelligence that demonstrate the complex moral dilemmas in intelligence collection, analysis, and operations. Some are recently declassified and never before published, and all are written by authors whose backgrounds are as varied as their insights, including Robert M. Gates, former Director of the Central Intelligence Agency; John P. Langan, the Joseph Cardinal Bernardin Professor of Catholic Social Thought at the Kennedy Institute of Ethics, (...) Georgetown University; and Loch K. Johnson, Regents Professor of Political Science at the University of Georgia and recipient of the Owens Award for contributions to the understanding of U.S. intelligence activities. Creating the foundation for the study of ethics and intelligence by filling in the gap between warfare and philosophy, this is a valuable collection of literature for building an ethical code that is not dependent on any specific agency, department, or country. (shrink)

Following a comparative historical chart, this student text features readings from Descartes, Spinoza, Locke, Berkeley, Hume, Leibniz and Kant.

Copyright © 2015 by the Society of Criti. Objective: Global lung stress varies considerably with low tidal volume ventilation for acute respiratory distress syndrome. High stress despite low tidal volumes may worsen lung injury and increase risk of death. No widely available parameter exists to assess global lung stress. We aimed to determine whether the volume delivered during a recruitment maneuver is inversely associated with lung stress and mortality in acute respiratory distress syndrome. Design: Substudy of an acute respiratory distress (...) syndrome clinical trial on esophageal pressure-guided positive end-expiratory pressure titration. Setting: U.S. academic medical center. Patients: Forty-two patients with acute respiratory distress syndrome in whom airflow, airway pressure, and esophageal pressure were recorded during the recruitment maneuver. Interventions: A single recruitment maneuver was performed before initiating protocol-directed ventilator management. Recruitment maneuvers consisted of a 30-second breath hold at 40 cm H2O airway pressure under heavy sedation or paralysis. VRM was calculated by integrating the flow-time waveform during the maneuver. End-inspiratory stress was defined as the transpulmonary pressure during end-inspiratory pause of a tidal breath and tidal stress as the transpulmonary pressure difference between end-inspiratory and end-expiratory pauses. Measurements and Main Results: VRM ranged between 7.4 and 34.7 mL/kg predicted body weight. Lower VRM predicted high end-inspiratory and tidal lung stress. After adjusting for Pao2/Fio2 and either driving pressure, tidal volume, or plateau pressure and positive end-expiratory pressure, VRM remained independently associated with both end-inspiratory and tidal stress. In unadjusted analysis, low VRM predicted increased risk of death. VRM remained significantly associated with mortality after adjusting for study arm. Conclusions: Low VRM independently predicts high lung stress and may predict risk of death in patients with acute respiratory distress syndrome. (shrink)

A supertask is a task that consists in infinitely many component steps, but which in some sense is completed in a finite amount of time. Supertasks were studied by the pre-Socratics and continue to be objects of interest to modern philosophers, logicians and physicists. The term “super-task” itself was coined by J.F. Thomson (1954). Here we begin with an overview of the analysis of supertasks and their mechanics. We then discuss the possibility of supertasks from the perspective of general relativity.

The concept of hysteria is traced from Hippocrates, where it was thought to be caused by a wandering uterus, through Galen and up to Freud. Throughout the history of medicine from the early Greeks up to the end of the nineteenth century, the definition and diagnosis of hysteria had a function similar to that found in the persecution of witchcraft: it sought to eradicate the outbursts of nonconforming and emotionally threatening conduct of women. At the beginning of the twentieth century, (...) however, the category virtually disappears from psychiatric nosologies. (shrink)

Over half a century ago, George Zipf observed that more frequent words tend to be older. Corpus studies since then have confirmed this pattern, with more frequent words being replaced and regularized less often than less frequent words. Two main hypotheses have been proposed to explain this: that frequent words change less because selection against innovation is stronger at higher frequencies, or that they change less because stochastic drift is stronger at lower frequencies. Here, we report the first experimental test (...) of these hypotheses. Participants were tasked with learning a miniature language consisting of two nouns and two plural markers. Nouns occurred at different frequencies and were subjected to treatments that varied drift and selection. Using a model that accounts for participant heterogeneity, we measured the rate of noun regularization, the strength of selection, and the strength of drift in participant responses. Results suggest that drift alone is sufficient to generate the elevated rate of regularization we observed in low‐frequency nouns, adding to a growing body of evidence that drift may be a major driver of language change. (shrink)

Generation Y is a cohort of the population larger than the baby boom generation. Consisting of approximately 80 million people born between 1981 and 2000, Generation Y is the most recent cohort to enter the workforce. Workplaces are being redefined and organizations are being pressed to adapt as this new wave of workers is infused into business environments. One critical aspect of this phenomenon not receiving sufficient research attention is the impact of Gen Y ethical beliefs and ethical conduct in (...) workplace contexts. It is widely accepted that distinct generational experiences shape ethical ideologies and ethical ideologies in turn affect the way people function in the workplace. Thus, Gen Y’s unique cohort experiences are likely to shape their ethical ideologies and consequent workplace judgments and actions. In this article, we examine Gen Y’s ethical ideology and study its impact on workplace functioning regarding leadership style, teamwork, and judgments about ethical violations. Our analyses indicate that Gen Y’ers tend toward situationalism (high idealism and high relativism), and their socially connected orientation produces more lenient judgments of collaborative vs. unilateral ethical violations. However, Gen Y’ers do exhibit individual variation. Relativist Gen Y’ers are more tolerant of ethical violations, whereas, Gen Y Idealists are less tolerant of ethical violations. High Idealists also show stronger teamwork and leadership characteristics. In addition, Gen Y’ers possessing servant leader traits exhibit incrementally better teamwork, and greater perceived unacceptability of ethical violations. We conclude by discussing implications of these findings for managing ethical climates and conduct. (shrink)

Introduction -- Trapped by oneself in Jacques Tourneur's Out of the past -- "A deliberate, intentional fool" in Orson Welles's The lady from Shanghai -- Sexual agency in Fritz Lang's Scarlet Street -- "Why didn't you shoot again, baby?": concluding remarks.

Contemporary philosophers have grown increasingly skeptical toward both morality and moral theory. Some argue that moral theory is a radically misguided enterprise that does not illuminate moral practice, while others simply deny the value of morality in human life. In this important new book, Louden responds to the arguments of both "anti-morality" and "anti-theory" skeptics. In Part One, he develops and defends an alternative conception of morality, which, he argues, captures more of the central features of both Aristotelian and Kantian (...) ethics than do other contemporary models, and enables the central importance of morality to be convincingly reaffirmed. In Louden's model, morality is primarily a matter of what one does to oneself, rather than what one does or does not do to others. This model eliminates the gulf that many anti-morality critics say exists between morality's demands and the personal point of view. Louden further argues that morality's primary focus should be on agents and their lives, rather than on right actions, and that it is always better to be morally better--i.e. it is impossible to be "too moral." Part Two presents Louden's alternative conception of moral theory. Here again he draws on the work of Aristotle and Kant, showing that their moral theories have far more in common than is usually thought, and that those features that they share can be the basis for a viable moral theory that is immune to the standard anti-theory objections. Louden reaffirms the necessity and importance of moral theory in human life, and shows that moral theories fulfill a variety of genuine and indispensable human needs. (shrink)

We consider the motion of small bodies in general relativity. The key result captures a sense in which such bodies follow timelike geodesics. This result clarifies the relationship between approaches that model such bodies as distributions supported on a curve, and those that employ smooth fields supported in small neighborhoods of a curve. This result also applies to "bodies" constructed from wave packets of Maxwell or Klein-Gordon fields. There follows a simple and precise formulation of the optical limit for Maxwell (...) fields. (shrink)

The Pragmatism Reader is the essential anthology of this important philosophical movement. Each selection featured here is a key writing by a leading pragmatist thinker, and represents a distinctively pragmatist approach to a core philosophical problem. The collection includes work by pragmatism's founders, Charles Peirce, William James, and John Dewey, as well as seminal writings by mid-twentieth-century pragmatists such as Sidney Hook, C. I. Lewis, Nelson Goodman, Rudolf Carnap, Wilfrid Sellars, and W.V.O. Quine. This reader also includes the most important (...) work in contemporary pragmatism by philosophers like Susan Haack, Cornel West, Hilary Putnam, Richard Rorty, Cheryl Misak, and Robert Brandom. Each selection is a stand-alone piece--not an excerpt or book chapter--and each is presented fully unabridged. The Pragmatism Reader challenges the notion that pragmatism fell into a midcentury decline and was dormant until the advent of "neopragmatism" in the 1980s. This comprehensive anthology reveals a rich and highly influential tradition running unbroken through twentieth-century philosophy and continuing today. It shows how American pragmatist philosophers have contributed to leading philosophical debates about truth, meaning, knowledge, experience, belief, existence, justification, and freedom. Covers pragmatist philosophy from its origins to today Features key writings by the leading pragmatist thinkers Demonstrates the continuity and enduring influence of pragmatism Challenges prevailing notions about pragmatism Includes only stand-alone pieces, completely unabridged Reflects the full range of pragmatist themes, arguments, concerns, and commitments. (shrink)

The Cambridge World History of Medical Ethics is the first comprehensive scholarly account of the global history of medical ethics. Offering original interpretations of the field by leading bioethicists and historians of medicine, it will serve as the essential point of departure for future scholarship in the field. The volumes reconceptualize the history of medical ethics through the creation of new categories, including the life cycle; discourses of religion, philosophy, and bioethics; and the relationship between medical ethics and the state, (...) which includes a historical reexamination of the ethics of apartheid, colonialism, communism, health policy, imperialism, militarism, Nazi medicine, Nazi "medical ethics," and research ethics. Also included are the first global chronology of persons and texts; the first concise biographies of major figures in medical ethics; and the first comprehensive bibliography of the history of medical ethics. An extensive index guides readers to topics, texts, and proper names. (shrink)

This is the first book-length study in any language to examine in detail and critically assess the second part of Kant's ethics- -an empirical, impure part, which determines how best to apply pure principles to the human situation. Drawing attention to Kant's under-explored impure ethics, this revealing investigation refutes the common and long-standing misperception that Kants ethics advocates empty formalism. Making detailed use of a variety of Kantian texts never before translated into English, author Robert B. Louden reassesses the (...) strengths and weaknesses of Kantian ethics as a whole, once the second part is re-admitted to its rightful place within Kant's practical philosophy. (shrink)

This is the most important book on Hegel to have appeared in the past ten years. Robert Pippin offers a completely new interpretation of Hegel's idealism, which focuses on Hegel's appropriation and development of kant's theoretical project. Hegel is presented neither as a precritical metaphysician nor as a social theorist, but as a critical philosopher whose disagreements with Kant, especially on the issue of intuitions, enrich the idealist arguments against empiricism, realism and naturalism. In the face of the dismissal (...) of absolute idealism as either unintelligible or implausible, Pippin explains and defends an original account of the philosophical basis for Hegel's claims about the historical and social nature of selfconsciousness, and so of knowledge itself. (shrink)

We are engineers, and our view of consciousness is shaped by an engineering ambition: we would like to build a conscious machine. We begin by acknowledging that we may be a little disadvantaged, in that consciousness studies do not form part of the engineering curriculum, and so we may be starting from a position of considerable ignorance as regards the study of consciousness itself. In practice, however, this may not set us back very far; almost a decade ago, Crick wrote: (...) 'Everyone has a rough idea of what is meant by consciousness. It is better to avoid a precise definition of consciousness because of the dangers of premature definition. Until the problem is understood much better, any attempt at a formal definition is likely to be either misleading or overly restrictive, or both'. This seems to be as true now as it was then, although the identification of different aspects of consciousness by Block has certainly brought a degree of clarification. On the other hand, there is little doubt that consciousness does seem to be something to do with the operation of a sophisticated control system, and we can claim more familiarity with control systems than can most philosophers, so perhaps we can make up some ground there. (shrink)

Important features of the self-concept can be located outside of the individual and inside close or related others. The authors use this insight to reinterpret data previously said to support the empathy-altruism model of helping, which asserts that empathic concern for another results in selflessness and true altruism. That is, they argue that the conditions that lead to empathic concern also lead to a greater sense of self-other overlap, raising the possibility that helping under these conditions is not selfless but (...) is also directed toward the self. In 3 studies, the impact of empathic concern on willingness to help was eliminated when oneness--a measure of perceived self-other overlap--was considered. Path analyses revealed further that empathic concern increased helping only through its relation to perceived oneness, thereby throwing the empathy-altruism model into question. The authors suggest that empathic concern affects helping primarily as an emotional signal of oneness. (shrink)

Robert Owen was one of the most extraordinary Englishmen who ever lived and a great man. In a way his history is the history of the establishment of modern industrial Britain, reflected in the mind and activities of a very intelligent, capable and responsible industrialist, alive to the best social thought of his time. The organisation of industrial labour, factory legislation, education, trade unionism, co-operation, rationalism: he was passionately and ably engaged in all of them. His community at New (...) Lanark was the nearest thing to an industrial heaven in the Britain of dark satanic mills; he tried to found a rational co-operative community in the USA. In everything he contemplated, he saw education as a key. This selection of his writings on education illustrates his rationalist concept of the formation of character and its implications for education and society; also his growing utopian concern with social reorganisation; and third, his impact on social movements. Silver's introduction shows Owen's relationship to particular educational traditions and activities and his long-term influence on attitudes to education. (shrink)

Christopher Hookway has been influential in promoting engagement with pragmatist and naturalist perspectives from classical and contemporary American philosophy. This book reflects on Hookway’s work on the American philosophical tradition and its significance for contemporary discussions of the understanding of mind, meaning, knowledge, and value. -/- Hookway’s original and extensive studies of Charles S. Peirce have made him among the most admired and frequently referenced of Peirce’s interpreters. His work on classical American pragmatism has explored the philosophies of William James, (...) John Dewey, and Josiah Royce, and examined the influence of pragmatist ideas outside of the United States. Additionally, Hookway has participated in a number of celebrated exchanges with some of the most high-profile figures of twentieth- and twenty-first-century philosophy, including Karl-Otto Apel, Philip Pettit, Hilary Putnam, and W.V.O. Quine, through which his treatments of a large range of topics in epistemology and the philosophies of mind and language have been developed and promoted. The chapters in this book—which include contributions from several of Hookway’s former students and colleagues—include studies of Hookway’s engagement with the works of Peirce, James, and Dewey, his contributions to virtue epistemology, and his discussions of hope and pragmatist metaphysics. -/- Pragmatic Reason will be of interest to researchers and advanced students working on American philosophy, the history of analytic philosophy, and epistemology. (shrink)