Adequate treatment of pain is essential to alleviate suffering, yet studies show that patients with terminal or serious illness receive inadequate pain relief. In the case of terminally ill patients, adequate palliation of pain may be likely to reduce requests for physician-assisted suicide. This issue of the journal addresses barriers to effective pain relief and suggests how treatment of pain can be improved. The symposium features the Pain Relief Act, which is designed to provide practitioners who prescribe controlled substances for (...) pain with protection from inappropriate legal sanctions. The Act is the product of the Project on Legal Constraints on Access to Effective Pain Relief, whose principal investigators were Nancy Neveloff Dubler, LL.B., Sandra H. Johnson, J.D., LL.M., Robert J. Levine, M.D., and Benjamin W. Moulton, J.D., M.P.H.The Project was supported by the Mayday Fund and the Emily Davie and Joseph S. Kornfeld Foundation. (shrink)

Adequate treatment of pain is essential to alleviate suffering, yet studies show that patients with terminal or serious illness receive inadequate pain relief. In the case of terminally ill patients, adequate palliation of pain may be likely to reduce requests for physician-assisted suicide. This issue of the journal addresses barriers to effective pain relief and suggests how treatment of pain can be improved. The symposium features the Pain Relief Act, which is designed to provide practitioners who prescribe controlled substances for (...) pain with protection from inappropriate legal sanctions. The Act is the product of the Project on Legal Constraints on Access to Effective Pain Relief, whose principal investigators were Nancy Neveloff Dubler, LL.B., Sandra H. Johnson, J.D., LL.M., Robert J. Levine, M.D., and Benjamin W. Moulton, J.D., M.P.H.The Project was supported by the Mayday Fund and the Emily Davie and Joseph S. Kornfeld Foundation. (shrink)

The paper proposes a solution to the problem with Odysseus’ kingship in the Odyssey by maintaining that Odysseus is not officially considered dead. Consequently, Telemachus cannot inherit the position of king and Penelope must leave Odysseus’ household before remarrying. After discussing the modern concept of legal death and previous interpretations of the Ithacan situation, the paper focusses on Athena's speech at 1.275–92. A close reading demonstrates that erecting a cenotaph to Odysseus would be tantamount to a modern declaration of death (...) in absentia, since it will render Penelope a widow and Telemachus the head of the household. This legal convention chimes with the Homeric depiction of Hades. (shrink)

A selection of speeches and essays from the author's second decade as president of Yale University.

Darwin in Argentina -- Conflicting Systems -- Francisco Javier Muniz (1795-1871) -- Hermann Burmeister (1807-1891) -- Francisco P. Moreno (1852-1919) -- Domingo F. Sarmiento (1811-1888) -- Eduardo Holmberg (1852-1937) -- Florentino Ameghino (1854-1911) -- Jose Ingenieros (1877-1925) -- Carlos Octavio Bunge (1875-1918).

In the mid twentieth century the philosopher Ludwig Wittgenstein famously asserted that games are indefinable; there are no common threads that link them all. "Nonsense," says the sensible Bernard Suits: "playing a game is a voluntary attempt to overcome unnecessary obstacles." The short book Suits wrote demonstrating precisely that is as playful as it is insightful, as stimulating as it is delightful. Suits not only argues that games can be meaningfully defined; he also suggests that playing games is a (...) central part of the ideal of human existence, so games belong at the heart of any vision of Utopia. Originally published in 1978, The Grasshopper is now re-issued with a new introduction by Thomas Hurka and with additional material (much of it previously unpublished) by the author, in which he expands on the ideas put forward in The Grasshopper and answers some questions that have been raised by critics. (shrink)

Darwin the writer -- Learning to see : Darwin's prophetic apprenticeship on the Beagle voyage -- The prose of On the origin of species -- Surprise and paradox : Darwin's artful legacy -- Darwinian mind and Wildean paradox -- Hardy's Woodlanders and the Darwinian grotesque -- Coda : the comic Darwin.

How I became a philosopher -- To love, to love me, to love us.

If Savulescu and Kahane’s Principle of Procreative Beneficence were implemented regarding cognitive enhancement, the result would be highly impoverishing for future children. For, apart from being inadequate to rationality itself, advocates’ accounts of cognitive enhancement sever reason from the input to judgments and decision-making that other faculties provide. When handling desire, supporters of cognitive enhancement frame conflicts between reason and the nonrational in terms of self-governance or akratic failure, depending on which one triumphs. Further, so-called negative emotions are treated as (...) simply deleterious and hostile to the rational. Alliances of the nonrational with reason toward shared ends are hence unthinkable. Having critiqued advocates’ views directly, I amplify my assessment through engagement with Aristotle’s Nicomachean Ethics. Per Savulescu and Kahane, to know how to direct enhancement endeavors, “we need to form reasonable opinions on difficult questions about the nature of well-being and the good life.” Thus far, however, enhancement supporters have been largely silent on this crucial matter. Because the debate over enhancement is ultimately over what values our views of flourishing embody, it should be recast so that this crux is squarely at the fore. What is more, for our own and our children’s sakes, as we embark on this reframing, we would do well to bear in mind Aristotle’s insights about the nonrational in relation to reason and his unwavering focus on the human “that for the sake of which” (hou heneka) all that we do is, perforce, undertaken. (shrink)

How we assess current calls for vigorous, or “radical”, enhancement through befitting procreative choices depends in part on the plausibility of supporters’ rejecting all substantive ties between their views and earlier eugenics. When denying such connections, today’s advocates of vigorous enhancement routinely emphasize that enhancement decisions would stem from individuals and families, not the state. In a multipronged critique, I show the untenability of transhumanists’ denials.

I consider the question of what moral obligations prospective parents owe to their future children. It is taken as an almost axiomatic premise of a wide range of philosophical arguments that prospective parents have a moral obligation to take such steps as ensuring their own financial stability or waiting until they are emotionally mature before conceiving. This is because it is assumed that parents have a moral obligation to lay the groundwork for their children's lives to go well. While at (...) first glance such a premise seems benign, I will argue that when it is applied to arguments in assisted reproductive technology, as it is in Julian Savulescu's procreative beneficence argument or as it is in Daniel Groll's recent argument for open gamete donation, we see problems with this premise. Problems in Groll's argument also become apparent when it is scrutinized in connection with this premise. (shrink)

In many spheres, the law takes the legal concept of causation to correspond to the folk concept (the correspondence assumption). Courts, including the US Supreme Court, tend to insist on the "common understanding" and that which is "natural to say" (Burrage v. United States) when it comes to expressions relating to causation, and frequently refuse to clarify the expression to juries. As recent work in psychology and experimental philosophy has uncovered, lay attributions of causation are susceptible to a great number (...) of unexpected factors, some of which seem rather peripheral to causation. One of those is the norm effect (Knobe & Fraser, 2008): Agents who, in acting as they do, break a salient norm, are more likely to be considered as having caused a certain consequence than when they do not violate a norm. According to some (e.g., Alicke, 1992) this constitutes a bias. According to others (e.g., Sytsma, 2020), the folk concept of causation is sensitive to normative factors, and there’s nothing wrong with that. In this paper, we explore the question whether the norm effect should be considered a bias from the legal perspective on the one hand, and from the psychological perspective on the other. To do this, we test whether norms which are nonpertinent to the consequences or outright silly also impact causation judgements. The data from two preregistered experiments (total N=593) clearly show they do. This, we argue, makes the bias interpretation plausible from the psychological perspective, and both plausible and problematic from the legal perspective. It also shows that the law should abstain from unreflectively assuming conceptual correspondence between legal and ordinary language concepts. (shrink)

Marx's Rebellion Against Lenin is a representative of the contemporary revitalization of the thought of Marx. It fulfils this task in three ways. First, it overthrows the dialectical materialism of Engels and of Stalinist Bolshevism by exploring 18th century historical thought and illustrating how these Enlightenment historians and political theorists first explored method of historical explanation that were later adopted by Marx. It is shown that contrary to the theory of Stalinist Bolshevism, Hegel was a vital influence on Marx. Second, (...) Levine's book represents Marx as an exponent of Classical Humanism. Marx did not define communism as a form of materialism, as economic egalitarianism, but rather related communism to the Classical ethics of Aristotle, to the Aristotelian ideas of polis citizenship and the ethics of distributive justice. Third, it is argued that the 17th and 18th Century Enlightenment was not simply a liberal center extolling property, individual rights and capitalism. Instead it is shown that the 17th and 18th century Enlightenment was divided between an Enlightenment Center and an Enlightenment Left, with the Enlightenment Left challenging the domination of capitalism and private property. Marx's Rebellion Against Lenin traces the flow of the theories of the Enlightenment Left into Marx and in doing so liberates Marxist thought from its imprisonment in 19th century materialism and relocates it within the traditions of Classical Humanism. (shrink)

A number of imposing problems now have our best minds in thrall. These include questions regarding the unity or plurality of the races of Man, whether his creation ought to be dated thousands of years or thousands of centuries past, whether species are fixed, or rather undergo a slow, progressive transformation into new species, how supposedly eternal matter relates to the nothingness outside of it, and whether the idea of God is useless. These are just a few of the issues (...) now subject to learned debate. You need, however, have no fear that my address tonight has any pretensions toward resolving any one of these earnest questions. But in the neighborhood of such mysteries lies another question, more or less closely related, to which I may, perhaps, venture to direct your attention; for its complexities, which I have made the object of concerted and conscientious study, are accessible to experiment. This is the question of what we call "spontaneous generations." Mightn't matter, perhaps, organize itself? Or posed differently, mightn't creatures enter the world without parents, without forebears? This is the question I seek to resolve. (shrink)

In this chapter, the author shows that the affinity between the two thinkers is far greater than interpreters like Farrell allow. He focuses on evaluating the argument that Richard Rorty is not able to get past the dichotomies ‐ although he will have cause to comment on the first one as well. In the context of a continued anti‐representationalism, Rorty comes to admit that there is a “truth in realism” and that our relations to the world are not just causal (...) but also normative. The author argues that with these admissions Rorty comes to articulate a view that can, with some plausibility, be said to have gotten beyond the dichotomies of scheme and content, subject and object, and realism and antirealism. D. Davidson agrees with Rorty that truth is not definable by simpler and more transparent concepts. Davidson has a pronged attack on the concept of representation. (shrink)

Die "Paradoxien des Unendlichen" sind ein Klassiker der Philosophie der Mathematik und zugleich eine gute Einführung in das Denken des "Urgroßvaters" der analytischen Philosophie. Das Unendliche - seit jeher ein Faszinosum für die philosophische Reflexion - wurde in der Zeit nach der Grundlegung der Analysis durch Leibniz und Newton in der Mathematik zunächst als Problem betrachtet, das sich nicht vollkommen widerspruchsfrei behandeln lässt. Bernard Bolzano, der heute als "Urgroßvater der analytischen Philosophie" (Michael Dummett) gilt, zeigt in diesem klassisch gewordenen (...) Text jedoch, dass es beim Nachdenken über das Unendliche, sofern man begrifflich differenziert argumentiert und klare Definitionen zugrunde legt, keine echten Widersprüche gibt und sich die "Paradoxien des Unendlichen" auflösen lassen. Bolzano setzt sich zunächst mit den Unendlichkeitsbegriffen der Mathematik und der (idealistisch geprägten) Philosophie seiner Zeit auseinander, bevor er sich Schritt für Schritt die analytischen Grundlagen einer konsistenten Theorie des Unendlichen erarbeitet. Bereits einige Jahrzehnte vor Georg Cantors bis heute maßgeblicher mathematischer Unendlichkeitsdefinition gelingt Bolzano mit diesem Werk, dessen logische Klarheit und dessen Grad an philosophischer Durchdachtheit bis heute Beispielcharakter haben, die Rehabilitation des Unendlichen für die Philosophie der Mathematik. Die "Paradoxien des Unendlichen" wurden zuerst 1851 aus dem Nachlass herausgegeben. Diese Neuausgabe beruht auf dem der Erstausgabe zugrundeliegenden Manuskript. (shrink)

This book offers the fullest and most sophisticated account of Gert's influential moral theory, a model first articulated in the classic work The Moral Rules: A New Rational Foundation for Morality, published in 1970. In this final revision, Gert makes clear that the moral rules are only one part of an informal system that does not provide unique answers to every moral question but does always provide a range of morally acceptable options. A new chapter on reasons includes an account (...) of what makes one reason better than another and a second new chapter is devoted to the question of justifying violations of the rules. Moral impartiality, the moral ideals, and virtue and vice, are all treated in greater detail. Throughout, Gert attempts to answer all of the challenges that his work has provoked. (shrink)

This paper explores a remarkable convergence of ideas and evidence, previously presented in separate places by its authors. That convergence has now become so persuasive that we believe we are working within substantially the same broad framework. Taylor's mathematical papers on neuronal systems involved in consciousness dovetail well with work by Newman and Baars on the thalamocortical system, suggesting a brain mechanism much like the global workspace architecture developed by Baars (see references below). This architecture is relational, in the sense (...) that it continuously mediates the interaction of input with memory. While our approaches overlap in a number of ways, each of us tends to focus on different areas of detail. What is most striking, and we believe significant, is the extent of consensus, which we believe to be consistent with other contemporary approaches by Weiskrantz, Gray, Crick and Koch, Edelman, Gazzaniga, Newell and colleagues, Posner, Baddeley, and a number of others. We suggest that cognitive neuroscience is moving toward a shared understanding of consciousness in the brain. (shrink)

An updated and expanded successor to Culver and Gert's Philosophy in Medicine, this book integrates moral philosophy with clinical medicine to present a comprehensive summary of the theory, concepts, and lines of reasoning underlying the ...

Conscious experience is one of the most difficult and thorny problems in psychological science. Its study has been neglected for many years, either because it was thought to be too difficult, or because the relevant evidence was thought to be poor. Bernard Baars suggests a way to specify empirical constraints on a theory of consciousness by contrasting well-established conscious phenomena - such as stimulus representations known to be attended, perceptual, and informative - with closely comparable unconscious ones - such (...) as stimulus representations known to be preperceptual, unattended, or habituated. Adducing data to show that consciousness is associated with a kind of global workplace in the nervous system, and that several brain structures are known to behave in accordance with his theory, Baars helps to clarify many difficult problems. (shrink)

We investigate synonymy in the strong sense of content identity. This notion is central in the philosophy of language and in applications of logic. We motivate, uniformly axiomatize, and characterize several “benchmark” notions of synonymy in the messy class of all possible notions of synonymy. This class is divided by two intuitive principles that are governed by a no-go result. We use the notion of a scenario to get a logic of synonymy which is the canonical representative of one division. (...) In the other division, the so-called conceptivist logics, we find, e.g., the well-known system of analytic containment. We axiomatize four logics of synonymy extending AC, relate them semantically and proof-theoretically to SF, and characterize them in terms of weak/strong subject matter preservation and weak/strong logical equivalence. This yields ways out of the no-go result and novel arguments—independent of a particular semantic framework—for each notion of synonymy discussed. This points to pluralism about meaning and a certain non-compositionality of truth in logic programs and neural networks. And it unveils an impossibility for synonymy: if it is to preserve subject matter, then either conjunction and disjunction lose an essential property or a very weak absorption law is violated. (shrink)

Dreamland of humanists -- Culture, commerce, and the city -- Warburg's Renaissance and the things in between -- University as "gateway to the world" -- Warburg, Cassirer, and the conditions of reason -- Socrates in Hamburg? Panofsky and the economics of scholarship -- Iconology and the Hamburg school -- Private Jews, public Germans -- Cassirer's cosmopolitan nationalism -- The enlightened rector and the politics of enlightenment -- The Hamburg America line: exiles as exports -- Epilogue: Nachleben of an idea.

This chapter argues that Hume’s argument against justified belief in miracles in Part 1 of his essay is a priori and applies to firsthand experience of a miracle as well as to testimony. The disputed issues cannot be decided on how closely one reads the text or on what Hume “actually says” but are interpretive and require setting them in the context of Hume’s Treatise—his peculiar empiricism, his account of causation, and his theory of a posteriori reasoning. But even if, (...) contrary to the a priori reading of Hume’s argument in Part 1, Hume never thought it impossible to justifiably believe in a miracle, and even if Hume’s argument in Part 1 fails, this does nothing to support the view that anyone has ever been “justified” in believing in a miracle or that “difficult and delicate empirical investigations” are needed before one justifiably rejects such belief. (shrink)