The United States Supreme Court's decision in Bell Atlantic Corp. v. Twombly is creating quite a stir. Suddenly gone is the famous loosey-goosey rule of Conley v. Gibson that a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.Now a complaint must provide enough facts to state a claim to relief that is plausible (...) on its face. Only decided last May, Bell Atlantic has been cited in over 3,700 cases. Already being described as a landmark decision, Bell Atlantic nonetheless has lawyers and judges scratching their heads over the precise pleading standard to apply in its wake. As the Second Circuit (mildly) put it, Considerable uncertainty concerning the standard for assessing the adequacy of pleadings has recently been created by the Supreme Court's decision in Bell Atlantic Corp. v. Twombly. Just what is a plausible showing that the pleader is entitled to relief under Rule 8(a)(2)?I believe an answer lies in the 26-year-old decision of the Former Fifth Circuit in In re Plywood Antitrust Litigation. Plywood Antitrust requires, at a minimum, that a complaint . . . contain either direct or inferential allegations respecting all the material elements necessary to sustain a recovery under some viable legal theory. Already used in more than half the circuits, this standard paraphrases advice found in the venerable WRIGHT & MILLER for nearly 40 years.Properly applied, this all . . . material elements standard satisfies Bell Atlantic's plausibility requirement in all respects. The Plywood Antitrust pleading standard works well after Bell Atlantic, first, because the Supreme Court referred to the standard, albeit parenthetically, with approval in Bell Atlantic. Second, it does much to harmonize the Federal Rules' goal of dispensing with pleading technicalities while still requiring enough general factual information about a pleader's claim to make the notice in notice pleading meaningful. Finally, and perhaps most importantly, it gives lawyers, litigants, and courts a standard they can actually use when drafting, or assessing the sufficiency of, pleadings. (shrink)

In this comprehensive collection of essays, most of which appear for the first time, eminent scholars from many disciplines—philosophy, economics, sociology, political science, demography, theology, history, and social psychology—examine the causes, nature, and consequences of present-day consumption patterns in the United States and throughout the world.

1 Evidence-based policy requires researchers to provide the answers to ecological questions that are of interest to policy makers. To find out what those questions are in the UK, representatives from 28 organizations involved in policy, together with scientists from 10 academic institutions, were asked to generate a list of questions from their organizations. 2 During a 2-day workshop the initial list of 1003 questions generated from consulting at least 654 policy makers and academics was used as a basis for (...) generating a short list of 100 questions of significant policy relevance. Short-listing was decided on the basis of the preferences of the representatives from the policy-led organizations. 3 The areas covered included most major issues of environmental concern in the UK, including agriculture, marine fisheries, climate change, ecosystem function and land management. 4 The most striking outcome was the preference for general questions rather than narrow ones. The reason is that policy is driven by broad issues rather than specific ones. In contrast, scientists are frequently best equipped to answer specific questions. This means that it may be necessary to extract the underpinning specific question before researchers can proceed. 5 Synthesis and applications. Greater communication between policy makers and scientists is required in order to ensure that applied ecologists are dealing with issues in a way that can feed into policy. It is particularly important that applied ecologists emphasize the generic value of their work wherever possible. (shrink)

Michael S. Mahoney, professor of the history of science at Princeton University, died in 2008. Born in 1939, Mahoney was already a seasoned historian of mathematics when he became one of the first senior historians to take an interest in the history of computing. He was by no means the first: for example, individuals such as I. B. Cohen at Harvard University and Derek de Solla Price at Yale University had been interested since the 1960s. Moreover, several institutions were already (...) actively engaged: the Smithsonian Institution, the Charles Babbage Institute (founded 1979), the Computer Museum in Boston, and similar organizations in Europe. A journal, the Annals of the History of Computing, was established in 1979. .. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Learning to BreatheFive Fragments Against RacismB. Venkat Mani (bio)For Dr. JLW, for all Black academics and students1. Air HungerI know you, Derek Chauvin. You may think that we first met on May 25, 2020, in Minneapolis. I was called George Perry Floyd. For you, I was just another Black man, a potential criminal. For me, you were not a police officer, but the knee that stands for racism. You (...) kneeled on my windpipe for 9 minutes and 29 seconds. Those were neither my first nor my last memories.You may choose not to recognize me, as you always have. But I do. I recognize every bone, muscle, tendon, pointy curve of the cap, every contour of your strong, heavy, determined, calculating, conniving knee that presses on my windpipe with a false sense of racist superiority. 9 minutes and 29 seconds. As often as you can.We have a history. You have never missed the opportunity of kneeling on my windpipe. You hauled me into your slave ships from various African ports along the Atlantic, then you kneeled on my windpipe all over your cotton and tobacco plantations in the Americas. We met again on schooners from Indian shores journeying across the Indian and Pacific oceans. With slavery banned in the British empire, you turned me into an indentured laborer. You made me put my thumb imprint on a document you created, in a script I could not read, of a language I could not speak. Then you threw me thousands of miles away in Mauritius, Fiji, and numerous Caribbean islands, pressing on my windpipe on sugarcane plantations. My wife, children, sisters, mothers, aunts, brothers, uncles, nephews, nieces, grandparents, great grandparents, we all have lived through those fatal 9 minutes and 29 seconds: on water and land. Repeatedly. Consistently. Incessantly.You want specific dates? April 8, 1857, Barrackpore, Northern India. My name was Mangal Pandey, you called me a Sepoy. You hanged me for standing up against my subjugation by your British East India Company. Against your rule over my land and my people. With your many titles [End Page 41] and names: Major-General Sir Henry Havelock, Lieutenant-General Sir Colin Campbell, Brigadier-General Charles Windham, you rampaged through the streets of Delhi, Meerut, Lucknow, killing anyone in your way so I could be a jewel in Victoria's crown. January 29, 1863, Bear River, Idaho. I was one among the Shoshone of Bia Ogoi, you were Colonel Patrick Connor. You came to us on a frigid morning and killed us by the hundreds. November 15, 1884, the Congo Conference, Berlin. You were called Chancellor Otto von Bismarck and were acting at the behest of sharecropping interests of King Leopold the Second. Your name for me was a "savage." You set up a society to civilize me while you plundered my bounty. You started drawing lines through land, rivers, mountains, deserts. For you, it was the Scramble for Africa. For me, bloody murder. You knelt on my windpipe, smoking a pipe with tobacco my people had grown. April 13, 1919, Jallianwala Bagh, Amritsar. You were called Brigadier General Reginald Edward Harry Dyer. For you, I was just a troublemaking native disrupting the civilized business of the Empire. You surrounded our peaceful gathering in Amritsar and opened fire. Your Nobel Laureate Rudyard Kipling claimed that "you did your duty as you saw fit." By killing us in thousands until the bullets ran out. Rikki Tikki Tavi. May 31, 1921, Tulsa, Oklahoma. Inspired by Jim Crow, your knees came running to us in mobs to massacre us. October 19, 1926, Imperial Conference, London. Your name was Field Marshall the Right Honorable Jan Christian Smuts. For you, I was one among the many "colored" subjects from the Cape Colony. You spoke vehemently against mixing my people with your people. Eloquently, I was told, in favor of apartheid.You know very well, Chauvin, that our acquaintance neither begins in 1857 nor ends in 1926. I could take you on a grand tour of the world and give you all the dates when you appeared in different forms. Your self-induced conviction of racial supremacy over me remained the same... (shrink)

In ‘Reincarnation and Relativized Identity’ 1 J. J. MacIntosh argues that reincarnation is impossible. I wish to make a slightly backhanded defence of reincarnation by showing that MacIntosh's argument does not succeed. I do not follow his recipe for defence of reincarnation exactly.

A selection function based semantics is offered for the 'can' of ability based on the idea that 'John can run a four minute mile' is true iff John would do so under the right conditions, meaning that he would do so under at least one appropriately chosen test condition. Completeness is proved for an axiom system and semantics based on this idea, and the logic turns out to be interestingly different from any standard system of modal logic.

In a 1994 ANALYSIS article Peter Klein and Ted Warfield show that an epistemically more coherent set of beliefs often has a smaller unconditional probability of joint truth than some of its less coherent subsets. They conclude that epistemic justification, as understood in one version of a coherence theory of justification, is not truth conducive. After getting clear about what truth conduciveness requires, I show that their argument does not tell against BonJour's coherence theory.

This volume brings together for the first time some of the most helpful and insightful essays on the four most influential and discussed philosophers in the history of existentialism: Kierkegaard, Nietzsche, Heidegger, and Sartre.

"....an admirably clear account of Heidegger's relation to the philosophical tradition, and especially of his criticism of Cartesianism." -- Richard Rorty, University of Virginia.

By the standards presented in the Introduction, CMFC2 is deficient on at least one ontological ground: ‘∀’ is a syncategorematic expression and so CMFC2 is not an ideal language. To some there may be an additional difficulty: any two wffs provably equivalent in the classical sense are provably identical. We hope in sequel to present systems free of these difficulties, free either of one or the other, or perhaps both.This work was done with the aid of Canada Council Grant S74-0551-S1.

In a recent article, Don Marquis canvasses the arguments on both sides of the abortion controversy and then puts forward his own argument against abortion:A. To deprive someone of the value of his or her future is prima facie wrong.B. The future an adult has is included in the future of the fetus it developed from.C. Abortion deprives the fetus of the value of its future.D. Therefore, abortion is prima facie wrong.I wish to show that this reasoning in no way (...) settles the issue of whether abortion is wrong. Section 1 concerns premise B, Sections 2 and 3 C, and Section 4 A.Notes. (shrink)

In a recent article “Abortion and Simple Consciousness', Werner S. Pluhar puts forward the following view:A few words of explanation are in order. The reasoning can, I think, be summed up as follows: If one thinks that being conscious is what gives beings rights, then what justifies preferential treatment for humans as opposed to sentient members of other species? The fact, or so the answer goes, that humans have a higher degree of consciousness than do members of other species. But (...) human fetuses do not have a higher degree of consciousness than, say, adult dogs. What justifies preferential treatment of human fetuses as opposed to adult dogs? The fact that human fetuses have a higher potential for reaching a higher degree of consciousness than do adult dogs. The liberal who holds that future generations have rights, e.g., to a healthy environment, thereby holds that merely potentially conscious beings have rights. If we have a right to life, then future generations also have that right. But fetuses are no less potentially conscious beings than unconceived future generations. So even a liberal must concede that if we have a right to life, fetuses have a right to life, and that it is at least prima facie wrong to destroy them by abortion. (shrink)

Three views on definite descriptions are summarized and discussed, including that of P. F. Strawson in which reference failure results in lack of truth value. When reference failure is allowed, a problem arises concerning Universal Instantiation. Van Fraassen solves the problem by the use of supervaluations, preserving as well such theorems as a=a, and Fa or ~Fa, even when the term a fails to refer. In the present paper a form of relevant, quasi-analytic implication is set out which allows reference (...) failure to infect even a=a and Fa or ~Fa with lack of truth-value. Reference failure causes lack of truth-value in a subwff to spread throughout any wff built up by the classical connectives. As a result none of the classical first-order axiom schemes remain as axiom schemes in the system presented. (shrink)

First published in 1894, this book consists of essays by professors Jowett and Campbell about the classic Greek philosopher Plato, and his famous and widely read dialogue The Republic, which is considered one the world's most influential works. Plato is believed to be the pivotal figure in the development of Western philosophy, and the editors explore this throughout the book along with relations to other Greek dialogues and authors.

I give a critique of the argument against the Identity of Indiscernibles found in Max Black's dialogue "The Identity of Indiscernibles". I begin by postulating and giving existence and individuation conditions for actually existent thought experiment characters on analogy with fictional characters as postulated in Peter van Inwagen's "Creatures of Fiction". I then show that Black's two-spheres thought experiment raises not one but two discernibility questions: 1) Is it true in the two-spheres thought experiment that there exist two indiscernible spheres? (...) NO. 2) Is it true in the actual world that there are two indiscernible sphere-characters? YES. (shrink)

As originally planned this volume was meant to cover a somewhat wider scope than, in fact, it has turned out to do. When, in rg68, I initially conceived of preparing it, it was proposed to deal with several aspects of early modern scepticism, in addition to the fortuna of the Academica, and to publish various loosely related pieces under the title of 'Studies in the History of Early Modern Scepticism. ' Thereby, I foresaw that I would exhaust my knowledge of (...) the subject and would then be able to turn my attention to other matters. In initiating my research on this topic, however, I soon found that there remained a much greater bulk of material to study than could possibly be dealt with between the covers of the single modest volume which I envisioned. My proposed section on Cicero's Academica was to cover between 50 and 75 pages in the original plan. It soon became apparent, however, especially after Joannes Rosa's hitherto unstudied commentary on Cicero's work was uncovered, that this material would have to be treated at a much greater length than I had foreseen. The present volume is the result of this expanded investigation. The monograph which has come from this alteration in plans has, I think, the virtues of continuity and cohesive ness and one hopes that these advantages offset the benefits of a broader scope which were sacrificed. (shrink)

The culture of authenticity -- The enchanted garden -- The modern worldview -- Romanticism and the ideal of authenticity -- The heart of darkness -- De-centering the subject -- Story-shaped selves -- Authenticity in context.

In [2] a semantics for implication is offered that makes use of stories — sets of sentences assembled under various constraints. Sentences are evaluated at an actual world and in each member of a set of stories. A sentence B is true in a story s just when B s. A implies B iff for all stories and the actual world, whenever A is true, B is true. In this article the first-order language of [2] is extended by the addition (...) of the operator the story... says that..., as in The story Flashman among the Redskins says that Flashman met Sitting Bull. The resulting language is shown to be sound and complete. (shrink)

I show that given Jonathan Bennett's theory of 'even if,' the following statement is logically true iff the principle of conditional excluded is valid: (SE) If Q and if P wouldn't rule out Q, then Q even if P. Hence whatever intuitions support the validity of (SE) support the validity of Conditional Excluded Middle, too. Finally I show that Bennett's objection to John Bigelow's theory of the conditional can be turned into a (perhaps) more telling one, viz. that on Bigelow's (...) theory 'if P then Q' and 'if P and Q then R' do not jointly entail 'if P then R'. (shrink)

Martin Heidegger is now widely recognized as one of the greatest philosophers of the twentieth century. He transformed mainstream philosophy by defining its central task as asking the 'question of being'. His thought has contributed to the turn to hermeneutics and to postmodernism and poststructuralism. Moreover, the disclosure of his deep involvement in Nazism has provoked much debate about the relation of philosophy to politics. This edition brings to the fore other works, as well as alternative approaches to scholarship. The (...) essays cover topics such as Heidegger's conception of phenomenology, his relation to Kant and Husserl, his account of truth, and his stand on the realism/anti-realism debate. This edition includes a new preface by the editor, revised versions of several essays from the first edition, and an exhaustive bibliography, providing guidance for both newcomers to Heidegger's work and established scholars. (shrink)

In A World of States of Affairs(Cambridge University Press, 1997) David Armstrong offers acomprehensive metaphysics based on the thesis that the world consistsof states of affairs. Among the entities postulated by Armstrong's theory are relations, including non-symmetrical relations, and whileArmstrong does not agree with Russell that all relations have adirection or definite order among their places, he does explicitlyacknowledge that the slots of a non-symmetrical relation have adefinite order or direction. I first show that non-symmetricalrelations pose a problem for Armstrong's (...) theory by raising TheProblem of Converse Relations. I then argue that the bestresolution of this problem in the context of Armstrong's theoryinvolves adopting an analysis of the order or direction of a relationthat differs from the analysis that Russell assumes. I conclude bydiscussing a further problem facing Armstrong's ontology: TheProblem of Converse Relational Properties. (shrink)

Stone & Wang collate the nascent research examining the mnemonic consequences associated with social media use. In particular, they highlight two important factors in understanding how social media use shapes the way individuals and groups remember the past: the type of information (personal vs. public) and the role (producer vs. consumer) individuals undertake when engaging with social media. Stone and Wang investigate those two features in relation to induced forgetting for personal information and false memories/truthiness for public information.

Stephen Barker argues that a possible worlds semantics for the counterfactual conditional of the sort proposed by Stalnaker and Lewis cannot accommodate certain examples in which determinism is true and a counterfactual Q > R is false, but where, for some P, the compound counterfactual P > (Q > R) is true. I argue that the completeness theorem for Lewis’s system VC of counterfactual logic shows that Stalnaker–Lewis semantics does accommodate Barker’s example, and I argue that its doing so should (...) be understood as showing that the example is an exception to Lewis’s Time’s Arrow requirements. (shrink)

In this essay I present a new version of the Paradox of the Knower and show that this new paradox vitiates a certain argument against epistemic closure. I then prove a theorem that relates the new paradox to epistemological scepticism. I conclude by assessing the use of the Knower in arguments against syntactical treatments of knowledge.