For more than a century, law schools have trained students to 'think like a lawyer'. In these times of legal crisis, both in legal education and in global society, what does that mean for the rest of us? In this book, thirty leading international scholars - including Louis Assier-Andrieu, Marianne Constable, Yves Dezalay, Denise Ferreira da Silva, Bryant G. Garth, Peter Goodrich, Duncan Kennedy, Martti Koskenniemi, Shaun McVeigh, Samuel Moyn, Annelise Riles, Charles F. Sabel and William H. Simon - examine (...) what is distinctive about legal thought. They probe the relation between law and time, law and culture, and legal thought and legal action; the nature of current legal thought; the geography of legal thought; and the conditions for recognition of a new 'contemporary' style of law. This work will help theorists, social scientists, historians and students understand the intellectual context of legal problems, legal doctrine, and jurisprudential trends in the current conjuncture. (shrink)

As a 2006 Institute of Medicine report highlights, surprisingly little empirical attention has been paid to how prisoners arrive at decisions to participate in modern research. With our study, we aimed to fill this gap by identifying a more comprehensive range of factors as reported by prisoners themselves during semistructured interviews. Our participants described a diverse range of motives, both favoring and opposing their eventual decision to join. Many are well-recognized considerations among nonincarcerated clinical research participants, including a desire for (...) various forms of personal benefit, altruism, and concern about study risks and inconveniences. However, a number of influences seem unique to prisoners. Participants did not report that they were not coerced into enrolling, and they have even been under pressure not to enroll. However, many sought to enroll in order to obtain access to better health care, raising a concern about whether they were unfairly exploited. (shrink)

Background: Therapeutic misconception, the misunderstanding of differences between research and clinical care, is widely prevalent among non-incarcerated trial participants. However, little attention has been paid to its presence among individuals who participate in research while incarcerated. Methods: This study examined the extent to which 72 incarcerated individuals may experience therapeutic misconception about their participation in one of six clinical trials, and its correlation with participant characteristics and potential influences on research participation. Results: On average, participants endorsed 70% of items suggestive (...) of therapeutic misconception. The tendency toward therapeutic misconception was significantly higher among African Americans and Latinos compared to Whites, among older and less educated participants, and among enrollment in a substance-abuse-related trial; it was also correlated with a belief that the trial was the only way to obtain needed treatment. Conclusions: Therapeutic misconception may be particularly high among select incarcerated individuals and is associated with a perceived lack of treatment options. Further examination of therapeutic misconception among incarcerated research participants is needed. (shrink)

dickenson briefly mentions that peripheral opioid receptors somehow become active following inflammation and that the appearance of endogenous opioid peptides at the injury site may be related to immune cell proliferation. Recent findings elucidate the underlying mechanisms in more detail and provide an incentive for the development of a novel generation of analgesics devoid of typical central opioid side effects.

Abstract“Comprehensive Healthcare for America” is a largely single-payer reform proposal that, by applying the insights of behavioral economics, may be able to rally patients and clinicians sufficiently to overcome the opposition of politicians and vested interests to providing all Americans with less complicated and less costly access to needed healthcare.

Data are presented that focus on the nature and development of argumentative reasoning. In particular our study describes how support for or against an issue affects memory for critical parts of an argumentative interaction, judgments of argument goodness, and the content of the reasons given in support of one view versus another. Two other factors were examined: developmental differences in argumentation skill and the conditional nature of supporting one side of an argument across varying contexts. Our results show that even (...) seven year old children can recognize, identify, and use the basic components of an argument to provide evidence for and make judgements about their favored position. Moreover, if position support is held constant across all age groups of students, seven year old children were found to give reasons and explanations that were highly similar in content and principle to college students. The same similarities held across age with respect to biases in memory and judgements of argument goodness. The primary difference between children's and college students' argument behavior lay in the side of an argument the students chose to support. Seven year old children and some eleven yearold children supported positions that impute more value to friendship and social consequences than to the maintenance and advancement of individual rights, as specified in a contract agreement. The similarities and differences across development are discussed with respect to a theory of argumentation that speaks to the importance of understanding the nature of goal conflict and a theory of intentionality in predicting how arguments will be represented and resolved. (shrink)

The concept of structure, operation, and functionality, as they may be understood by clinicians or researchers using neural transplantation techniques, are briefly defined. Following Stein & Glasier, we emphasize that the question of whether an intracerebral graft is really functional should be addressed not only in terms of what such a graft does in a given brain structure, but also in terms of what it does at the level of the organism.

Nuestra hipótesis consiste en considerar la alegría como fruto del dinamismo interpersonal entre Dios y el hombre bajo la figura de la nupcialidad, cuyas notas de reciprocidad, exclusividad, intimidad y fecundidad especifican esta dimensión particular de vida teologal. Al desplegarse en la historia, la nupcialidad adquiere una tensión escatológica pues el diálogo amante de libertades intensifica la presencia recíproca de Dios y el hombre hasta desembocar en una radicalidad que puede conducir al martirio. Tales fueron los casos de dos místicos (...) y mártires contemporáneos, Christophe Lebreton y Edith Stein, cuyos textos testimonian que la alegría se manifiesta como un fruto visible de la entrega definitiva de sus cuerpos. Our hypothesis is to consider joy as a result of the interpersonal dynamics between God and man under the figure of marriage, whose traits of reciprocity, exclusivity, intimacy and fecundity give a distinctive specifity to this particular dimension of theological life. As it unfolds in history, nuptiality develops an eschatological tension, as the loving dialogue of freedoms intensifies God and man's mutual presence, leading to a radicality which can usher into martyrdom. Such were the cases of two contemporary mystics and martyrs, Christophe Lebreton and Edith Stein, whose texts testify that joy is manifested as a visible fruit of the final offering of their bodies. (shrink)

NoteThe following was written as a commentary on an article we published in our Spring 2023 issue, “’Comprehensive Healthcare for America’: Using the Insights of Behavioral Economics to Transform the U. S. Healthcare System,” by Paul C. Sorum, Christopher Stein, and Dale L. Moore. This commentary should have appeared alongside that article. We apologize to the authors and our readers for the error.

The paper argues that an account of understanding should take the form of a Carnapian explication and acknowledge that understanding comes in degrees. An explication of objectual understanding is defended, which helps to make sense of the cognitive achievements and goals of science. The explication combines a necessary condition with three evaluative dimensions: An epistemic agent understands a subject matter by means of a theory only if the agent commits herself sufficiently to the theory of the subject matter, and to (...) the degree that the agent grasps the theory (i.e., is able to make use of it), the theory answers to the facts and the agent’s commitment to the theory is justified. The threshold for outright attributions of understanding is determined contextually. The explication has descriptive as well as normative facets and allows for the possibility of understanding by means of non-explanatory (e.g., purely classificatory) theories. (shrink)

This study takes inquiry as the starting point for epistemological theorising. It uses this idea to develop new and systematic answers to some of the most fundamental questions in epistemology, including about the nature of core epistemic phenomena as well as their value and the extent to which we possess them.

In this article Cristoph Wulf examines the basic concepts of pedagogy and educational science in the German-speaking world, looking at education and socialization from the perspective of educational anthropology. He makes evident that the complex German concept of Bildung, in particular, can only be fully understood by means of a historical and philosophical analysis.

Abstract: The article presents and critically discusses Walton's (and Reed's and Macagno's) argument scheme approach to a theory of good argumentation. In particular, four characteristics of Walton's approach are presented: 1. It presents normative requirements for argumentation in the form of argument schemes, i.e. relatively concrete type descriptions. 2. These schemata are enthymematic, i.e. they omit some of the premises required by other approaches. 3. The actual argument schemes are usually supplemented by critical questions. 4. The method is inductive, bottom-up, (...) gaining the normative schemata by abstraction from empirically collected groups of similar arguments. These characteristics, among others, are then discussed on the basis of four adequacy conditions: AC1: effectiveness in achieving the epistemic goal of obtaining and communicating justified acceptable opinions; AC2: completeness in capturing the good argument types; AC3: efficiency in achieving the goals; AC4: justification of the argument schemes. The discussion then reveals a number of weaknesses in Walton's argument schemes; among other things, they are neither effective (in the defined sense) nor truly justified. Contributing factors to these problems include the schema approach, i.e. not looking at the form of arguments, and the lack of epistemological foundations in the development of good types of arguments. However, the critical analyses reveal a better alternative: an epistemological approach based on epistemological principles. The article concludes with a detailed analysis of the scheme Practical Inference, which confirms the general criticism in detail. (shrink)

This chapter examines Karl Jaspers’s influential distinction between understanding and explaining, and its significance in psychiatry. It first outlines one way of interpreting the distinction, on which it is connected to the distinction between singular and general causal claims. It then discusses one reason for thinking that understanding has an essential role to play in psychiatry: Not achieving at least some level of understanding in the context of dealing with psychiatric patients would constitute a particular kind of epistemic failure—a failure (...) to recognize their illness for the particular type of illness it is. Drawing on some ideas recently put forward by Kenneth Kendler and John Campbell, it also illustrates the particular kind of understanding that is crucial in this context. (shrink)

What is required for an individual to entertain a singular thought about an object they have encountered before but that is currently no longer within their perceptual range? More specifically, does the individual have to think about the object as having been encountered in the past? I consider this question against the background of the assumption that non-human animals are cognitively ‘stuck in the present’. Does this mean that, for them, ‘out of sight is out of mind’, as, e.g., Schopenhauer (...) seems to have thought? I suggest an alternative answer, also drawing on some empirical work on animal cognition. (shrink)

Temporal binding occurs when people observe two events that they believe to be causally connected: They underestimate the length of the interval between those two events, when compared with their estimates of the length of intervals between events they believe to be causally unrelated. I discuss temporal binding in the context of Dennett and Kinsbourne’s (Behavioral and Brain Sciences, 15(2), 183–201, 1992) influential argument levelled at what they call ‘Cartesian Materialism’. In particular, I argue that Dennett and Kinsbourne’s argument trades (...) on a representational conception of perceptual experience, which blurs the boundary between perception and judgement, and that temporal binding can serve as a case study for developing an alternative, relational, conception of perceptual experience and of its relation to judgement. Based on research on the mechanisms underlying temporal binding, I provide an explanation of the phenomenon in which perception and judgement play clearly distinct roles. (shrink)

This article discusses Harvey Siegel’s general justification of the epistemological theory of argumentation in his seminal essay “Arguing with Arguments." On the one hand, the achievements of this essay are honoured—in particular, a thorough differentiation of the different meanings of ‘argument’ and ‘argumentation,’ the semantic justification of the fundamentality of arguments as sequences of propositions, and the detailed critiques of alternative theories of argumentation. On the other hand, suggestions for strengthening the theory are added to Siegel's expositions, which make different (...) perspectives within the epistemological theory of argumentation recognisable. (shrink)

There are many good reasons for seeing Aristotelian hylemorphism and atomism as diametrically opposed theories of matter. Aristotle himself had forcefully combatted the physical model of Leucippus and Democritus, whose ontology consisted of indivisible material bodies moving in an immaterial void, presenting his own model as an alternative. This alternative excluded both indivisibles and the void and postulated instead a plenist world made up of substances all of which were infinitely divisible continua composed of universal matter and specific substantial forms. (...) Unlike elementary atoms, Aristotle’s elementary substances could transmute into one another: water, when evaporating, was said to turn into air. (shrink)

Nietzsche: Naturalism and Interpretation offers a resolution of one of the most vexing problems in Nietzsche scholarship. As perhaps the most significant predecessor of more recent attempts to formulate a postmetaphysical epistemology and ontology, Nietzsche is considered by many critics to share this problem with his successors: How can an antifoundationalist philosophy avoid vicious relativism and legitimate its claim to provide a platform for the critique of arguments, practices, and institutions? -/- Christoph Cox argues that Nietzsche successfully navigates between (...) relativism and dogmatism, accepting the naturalistic critique of metaphysics and theology provided by modern science, yet maintaining that a thoroughgoing naturalism must move beyond scientific reductionism. It must accept a central feature of aesthetic understanding: acknowledgment of the primacy and irreducibility of interpretation. This view of Nietzsche's doctrines of perspectivism, becoming, and will to power as products of an overall naturalism balanced by a reciprocal commitment to interpretationism will spur new discussions of epistemology and ontology in contemporary thought. (shrink)

This essay examines Nietzsche’s musical ontology and situates it within the naturalist and anti-metaphysical framework evident throughout his corpus. Nietzsche often associated this position with the figure of Dionysus, which plays a leading role in The Birth of Tragedy, his most sustained consideration of music and musical ontology. The essay returns to The Birth of Tragedy in an effort to recover Nietzsche’s musical ontology and its relationship with ontology more generally. Heeding Nietzsche’s own remarks, I read this text in light (...) of his mature philosophy. My analysis draws on the work of the late twentieth-century Nietzschean, Gilles Deleuze, whose distinction between “the virtual” and “the actual” enables us to see what is really at issue in The Birth of Tragedy. (shrink)

The article critically discusses Walton’s (and co-authors’) argument scheme approach to good argumentation. Four characteristics of Walton’s approach are presented: 1. Argument schemes provide normative requirements. 2. These schemata are enthymematic. 3. There are associated critical questions. 4. The method is inductive, abstracting schemata from groups of similar arguments. Four adequacy conditions are applied to these characteristics: AC1: effectiveness in achieving the epistemic goal of obtaining and communicating justified acceptable opinions; AC2: completeness in capturing the good argument types; AC3: efficiency (...) in achieving the goals; AC4: justification of the argument schemes. The discussion reveals weaknesses in Walton’s account, including they are neither effective nor truly justified. A better alternative is an epistemological approach based on epistemological principles. (shrink)

_Nietzsche: Naturalism and Interpretation_ offers a resolution of one of the most vexing problems in Nietzsche scholarship. As perhaps the most significant predecessor of more recent attempts to formulate a postmetaphysical epistemology and ontology, Nietzsche is considered by many critics to share this problem with his successors: How can an antifoundationalist philosophy avoid vicious relativism and legitimate its claim to provide a platform for the critique of arguments, practices, and institutions? Christoph Cox argues that Nietzsche successfully navigates between relativism (...) and dogmatism, accepting the naturalistic critique of metaphysics and theology provided by modern science, yet maintaining that a thoroughgoing naturalism must move beyond scientific reductionism. It must accept a central feature of aesthetic understanding: acknowledgment of the primacy and irreducibility of interpretation. This view of Nietzsche's doctrines of perspectivism, becoming, and will to power as products of an overall naturalism balanced by a reciprocal commitment to interpretationism will spur new discussions of epistemology and ontology in contemporary thought. (shrink)

Die Herausforderung religionsgeschichtlicher Forschung besteht darin, die Erschließung von Quellen in ihren Kontexten und ihre theoriegeleitete Erklärung mit einer historisch-kritischen Reflexion der Wissensproduktion selbst zu verknüpfen. Die Reihe Religionsgeschichtliche Versuche und Vorarbeiten (RGVV) will dieser Komplementarität von historischer Kontextualisierung, theoretischer Verdichtung und disziplinärer Positionierung Rechnung tragen. Studien zu kulturspezifischen Sachzusammenhängen stehen neben vergleichenden Arbeiten, in Form von Monographien oder thematisch fokussierten Sammelbänden.

A regularity theory of causation analyses type-level causation in terms of Boolean difference-making. The essential ingredient that helps this theoretical framework overcome the problems of Hume’s and Mill’s classical accounts is a principle of non-redundancy: only Boolean dependency structures from which no elements can be eliminated track causation. The first part of this article argues that the recent regularity-theoretic literature has not consistently implemented this principle, for it disregarded an important type of redundancies: structural redundancies. Moreover, it is shown that (...) a regularity theory needs to be underwritten by a hitherto neglected metaphysical background assumption stipulating that the world’s causal makeup is not ambiguous. Against that background, the second part then develops a new regularity theory that does justice to all types of redundancies and, thereby, provides the first all-inclusive notion of Boolean difference-making. (shrink)

"The overall aim of this book is to understand the character of moral progress, so that making moral progress may become more systematic and secure, less chancy and less bloody. Drawing on three historical examples - the abolition of chattel slavery, the expansion of opportunities for women, and the increasing acceptance of same-sex love - it asks how those changes were brought about, and seeks a methodology for streamlining the kinds of developments that occurred. Moral progress is conceived as pragmatic (...) progress, progress from rather than progress to, achieved by overcoming the problems and limits of the current situation. Two kinds of problems are distinguished: problems of exclusion, found when the complaints of some people are ignored; and problems of false consciousness, present when the oppressed adopt judgments from the ambient society and do not protest their condition. The proposed methodology advocates procedures for listening to voiced complaints and for systematically reviewing the way in which particular self-conceptions, ideals and identities are taken to be appropriate for various groups of people. Through outlining a picture of moral practice, at both the individual and the societal levels, the book seeks to orient moral philosophy away from metaethical questions of realism and towards moral methodology"--. (shrink)

I discuss two accounts of rational religious faith that have recently been proposed by Peter Rohs and Volker Gerhardt, respectively, and critically explore the relations between (i) faith and knowledge and (ii) faith and hope. I argue that, if faith essentially involves some form of eschatological hope, then a theory of rational faith will have to include an analysis of rational hope.

A interlocution containing a stimulating lead essay on the relationship between law and violence by one of the key third-generation Frankfurt School philosophers, Christoph Menke, and engaged responses by a variety of influential critics.

From Edison’s invention of the phonograph through contemporary field recording and sound installation, artists have become attracted to those domains against which music has always defined itself: noise, silence, and environmental sound. Christoph Cox argues that these developments in the sonic arts are not only aesthetically but also philosophically significant, revealing sound to be a continuous material flow to which human expressions contribute but which precedes and exceeds those expressions. Cox shows how, over the course of the twentieth and (...) twenty-first centuries, philosophers and sonic artists have explored this “sonic flux.” Through the philosophical analysis of works by John Cage, Maryanne Amacher, Max Neuhaus, Christian Marclay, and many others, Sonic Flux contributes to the development of a materialist metaphysics and poses a challenge to the prevailing positions in cultural theory, proposing a realist and materialist aesthetics able to account not only for sonic art but for artistic production in general. (shrink)

The paper introduces, compares and contrasts formal models of source reliability proposed in the epistemology literature, in particular the prominent models of Bovens and Hartmann and Olsson :127–143, 2011). All are Bayesian models seeking to provide normative guidance, yet they differ subtly in assumptions and resulting behavior. Models are evaluated both on conceptual grounds and through simulations, and the relationship between models is clarified. The simulations both show surprising similarities and highlight relevant differences between these models. Most importantly, however, our (...) evaluations reveal that important normative concerns arguably remain unresolved. The philosophical implications of this for testimony are discussed. (shrink)