The last decade or so has seen an explosion of scholarship by American law professors on what has become known as administrative constitutionalism. Administrative constitutionalism is a catchphrase for the role of administrative agencies in influencing, creating, and establishing constitutional rules and norms, and governing based on those rules and norms. Though courts traditionally get far more attention in the scholarly literature and the popular imagination, administrative constitutionalism scholars show that administrative agencies have been extremely important participants in American constitutional (...) development. Section I of this essay identifies three different versions of administrative constitutionalism—(1) Engagement with Existing Constitutional Doctrine; (2) Resolving Questions of Statutory Meaning that Implicate Constitutional Questions; and (3) Shadow Administrative Constitutionalism—and provides examples from the scholarly literature to illustrate these distinct manifestations of administrative constitutionalism. Section II of this essay discusses the normative turn in administrative constitutionalism scholarship. Much of this normative literature is implicitly or explicitly premised on the notion that agencies are more likely to pursue progressive goals than are other government actors. Section III of this essay disputes the notion that agency constitutional decision-making is “democratic” and that agencies are naturally inclined to serve progressive goals. Finally, Section IV of this essay notes that scholars who support broad agency autonomy to work out and enforce their own constitutional visions have failed to consider how their work fits in with the economic and political science literature on agency behavior. One can predict, based on that literature, that agencies given broad autonomy under the guise of administrative constitutionalism will primarily be inclined to expand their scope and authority at the expense of countervailing considerations. (shrink)

The right to join with other people to promote a particular outlook, known as the right of expressive association, is a necessary adjunct to the right of freedom of speech, which is protected by the First Amendment of the United States Constitution. Freedom of speech would be of little practical consequence if the government could suppress ideas by bluntly prohibiting individuals from gathering with others who share their perspective. Freedom of expression must consist of more than the right to talk (...) to oneself. (shrink)

Since its founding in 1950, the Metaphysical Society of America has remained a pluralistic community dedicated to rigorous philosophical inquiry into the most basic metaphysical questions. At each year’s conference, the presidential address offers original insights into metaphysical questions. Both the insights and the questions are as perennial as they are relevant to contemporary philosophers. This volume collects eighteen of the finest representatives from those presidential addresses, including contributions from George Allan, Richard Bernstein, Norris Clarke, Vincent Colapietro, Frederick Ferré, (...) Jorge J. E. Gracia, Joseph Grange, Marjorie Grene, George Klubertanz, Ivor Leclerc, Ralph McInerny, Ernan McMullin, Joseph Owens, John Herman Randall, Jr., Nicholas Rescher, Stanley Rosen, John E. Smith, and Robert Sokolowski. Also included are Paul Weiss’s inaugural address to the Society, an introduction chronicling the history of the Society, and an original Foreword by William Desmond and Epilogue by Robert Neville. (shrink)

This excellent collection contains 13 essays from Gadamer's _Kleine Schriften, _dealing with hermeneutical reflection, phenomenology, existential philosophy, and philosophical hermeneutics. Gadamer applies hermeneutical analysis to Heidegger and Husserl's phenomenology, an approach that proves critical and instructive.

The current literature on indeterminacy centers around two projects. One concerns the logic of indeterminacy; the other concerns its nature or source. The aim of this paper is to introduce, motivate and go some way toward addressing a new, third project: that of providing what I call a minimal characterization of indeterminacy. An MC, to a first approximation, is a relatively pre-theoretical characterization of indeterminacy that is neutral between the various substantive theories of the nature and logic of indeterminacy. An (...) MC thus captures a generic sense of indeterminacy that, at least in principle, is recognized by all parties to the debate over the phenomenon’s underlying nature and logic. I begin by introducing the concept of an MC and outlining some of the main theoretical virtues of providing an MC. I then establish some desiderata on a suitable MC, and use these desiderata to rule out various initially attractive proposals. In the final part of the paper I sketch the beginnings of my own MC and defend it against objections. (shrink)

We are reporting on how involved the mentor was in promoting responsible research in cases of research misconduct. We reviewed the USPHS misconduct files of the Office of Research Integrity. These files are created by Institutions who prosecute a case of possible research misconduct; ORI has oversight review of these investigations. We explored the role of the mentor in the cases of trainee research misconduct on three specific behaviors that we believe mentors should perform with their trainee: (1) review source (...) data, (2) teach specific research standards and (3) minimize stressful work situations. We found that almost three quarters of the mentors had not reviewed the source data and two thirds had not set standards. These two behaviors are positively correlated. We did not see convincing evidence in the records that mentors were causing stress, but it was apparent in the convicted trainees’ confessions that over 50% experienced some kind of stress. Secondary data, while not created for this research purpose, allows us to look at concrete research behaviors that are otherwise not very researchable. We believe it is important for mentors and institutions to devote more attention to teaching mentors about the process of education and their responsibilities in educating the next generation of scientists. This becomes a critical issue for large research groups who need to determine who is in charge educating, supervising and assuring data integrity. (shrink)

David E Cooper; On Reading Nietzsche on Education, Journal of Philosophy of Education, Volume 17, Issue 1, 30 May 2006, Pages 119–126, https://doi.org/10.1111/j.

David E Cooper; Practice, Philosophy and History: Carr vs. Jonathan, Journal of Philosophy of Education, Volume 21, Issue 2, 30 May 2006, Pages 181–186, https:/.

In his quest to solve 'the ever-disquieting riddle of existence', Schopenhauer explored almost every dimension of human existence, developing a darkly compelling worldview that found deep resonance in contemporary literature, music, philosophy, and psychology. This is the first comprehensive biography of Schopenhauer written in English. Placing him in his historical and philosophical contexts, David E. Cartwright tells the story of Schopenhauer's life to convey the full range of his philosophy. He offers a fully documented portrait in which he explores (...) Schopenhauer's fractured family life, his early formative influences, his critical loyalty to Kant, his personal interactions with Fichte and Goethe, his ambivalent relationship with Schelling, his contempt for Hegel, his struggle to make his philosophy known, and his reaction to his late-arriving fame. (shrink)

This paper reviews the actual and potential use of social media in emergency, disaster and crisis situations. This is a field that has generated intense interest. It is characterised by a burgeoning but small and very recent literature. In the emergencies field, social media (blogs, messaging, sites such as Facebook, wikis and so on) are used in seven different ways: listening to public debate, monitoring situations, extending emergency response and management, crowd-sourcing and collaborative development, creating social cohesion, furthering causes (including (...) charitable donation) and enhancing research. Appreciation of the positive side of social media is balanced by their potential for negative developments, such as disseminating rumours, undermining authority and promoting terrorist acts. This leads to an examination of the ethics of social media usage in crisis situations. Despite some clearly identifiable risks, for example regarding the violation of privacy, it appears that public consensus on ethics will tend to override unscrupulous attempts to subvert the media. Moreover, social media are a robust means of exposing corruption and malpractice. In synthesis, the widespread adoption and use of social media by members of the public throughout the world heralds a new age in which it is imperative that emergency managers adapt their working practices to the challenge and potential of this development. At the same time, they must heed the ethical warnings and ensure that social media are not abused or misused when crises and emergencies occur. (shrink)

Objective Gather information from physicians about factors contributing to unnecessary noninvasive imaging and impact of possible solutions. Methods Qualitative study of 14 physicians using a phenomenological approach and the Theoretical Domains Framework. Results Most participants self-reported that >10% of the imaging tests they order are unnecessary. External sources of pressure included: peer-review, patient demands, nursing expectations, specialist requests, as well as prior experience with patient advocates, and the compensation and pension system. Internal sources of pressure included reliance on anecdote, self-doubt (...) about diagnoses, and fear of missing a diagnosis and of professional liability. Participants expressed both optimism and concern about potential solutions, such as adopting decision support software. Conclusion Physicians are under pressure from multiple sources to order unnecessary imaging. Peer review, nursing expectations, and perceptions about Veteran compensation and pension are newly reported contributing factors. (shrink)

Physician concern about regulatory scrutiny as a barrier to appropriate prescribing for pain management has been identified and studied. A 1991 Pain Research Group survey demonstrated a need to provide updated information about opioids and pain management to state medical board members. Indeed, a national survey even showed a need to provide more education about pain management to oncology Physicians. Two approaches for responding to these concerns have been undertaken in several states by the state medical boards and the pain (...) management community: the development and adoption of administrative policies designed to bring disciplinary standards in line with clinical practice; and the creation of education programs for state medical board members and staffs. Each can have a substantial impact on removing real and perceived regulatory barriers to effective pain relief. (shrink)

In lieu of an abstract, here is the chapter's first paragraph: MOST OF BERTRAND RUSSELL'S BIOGRAPHERS do not even mention Horace Liveright, yet Liveright was a key player in the development of Russell as a popular philosopher and public intellectual. In particular, it was on a commission from Liveright that Russell wrote three of his best-selling books, books that are still in print and that many people have found helpful.

David E Cooper; Comment on Dr Fairhurst's Paper, Journal of Philosophy of Education, Volume 14, Issue 2, 30 May 2006, Pages 254–255, https://doi.org/10.1111/j.1.

David E Cooper; Delusions of Modesty: a reply to my critics, Journal of Philosophy of Education, Volume 15, Issue 1, 30 May 2006, Pages 125–135, https://doi.org.

David E Cooper; Equality and Envy, Journal of Philosophy of Education, Volume 16, Issue 1, 30 May 2006, Pages 35–47, https://doi.org/10.1111/j.1467-9752.1982.tb.

David E Cooper; Experience and the Growth of Understanding, Journal of Philosophy of Education, Volume 14, Issue 1, 30 May 2006, Pages 97–103, https://doi.org/1.

David E Cooper; Grammar and the Possession of Concepts, Journal of Philosophy of Education, Volume 7, Issue 2, 30 May 2006, Pages 204–222, https://doi.org/10.11.

David E Cooper; Linguistics and ‘Cultural Deprivation’, Journal of Philosophy of Education, Volume 12, Issue 1, 30 May 2006, Pages 113–120, https://doi.org/10.1.

David E Cooper; Understanding as Philosophy, Journal of Philosophy of Education, Volume 17, Issue 2, 30 May 2006, Pages 145–153, https://doi.org/10.1111/j.1467-.

Contrary to what many philosophers believe, Calvinism neither makes the problem of evil worse nor is it obviously refuted by the presence of evil and suffering in our world. Or so most of the authors in this book claim. While Calvinism has enjoyed a resurgence in recent years amongst theologians and laypersons, many philosophers have yet to follow suit. The reason seems fairly clear: Calvinism, many think, cannot handle the problem of evil with the same kind of plausibility as other (...) more popular views of the nature of God and the nature of God's relationship with His creation. This book seeks to challenge that untested assumption. With clarity and rigor, this collection of essays seeks to fill a significant hole in the literature on the problem of evil. (shrink)

Efforts to conserve endangered species of animal are, in some important respects, at odds with Buddhist ethics. On the one hand, being abstract entities, species cannot suffer, and so cannot be proper objects of compassion or similar moral virtues. On the other, Buddhist commitments to equanimity tend to militate against the idea that the individual members of endangered species have greater value than those of less-threatened ones. This paper suggests that the contribution of Buddhism to the issue of species conservation (...) should not, however, be discounted. It argues, on the contrary, that Buddhist traditions, in reminding us of the moral significance of the suffering of individual animals, add an important dimension to debates concerning the ethical justification of efforts to conserve endangered species. (shrink)

This 1993 book discusses the rise of the marginalist conception of the firm in the context of economic thought over the past two centuries, and explains why economists continue to defend a theory with demonstrable shortcomings. Professor Schrader argues that the marginalist view of the firm retains its support not through any comparative advantage in empirical or predictive power, but by virtue of its being a part of the predominant marginalist economic programme. The clear problems that beset the marginalist approach (...) to the firm signal a general dilemma for economic theory as a whole. (shrink)

'Everyone agrees that the moral features of things supervene on their natural features' (Smith (1994), 22). Everyone is wrong, or so I will argue. In the first section, I explain the version of moral supervenience that Smith and others argue everyone should accept. In the second section, I argue that the mere conceptual possibility of a divine command theory of morality (DCT) is sufficient to refute the version of moral supervenience under consideration. Lastly, I consider and respond to two objections, (...) showing, among other things, that while DCT is sufficient to refute this version of moral supervenience it is not necessary. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Journal of Aesthetic Education 37.1 (2003) 40-53 [Access article in PDF] Aesthetic Experience and Aesthetic Analysis David E. W. Fenner The "raw data" that aesthetics is meant to explain is the aesthetic experience. People have experiences that they class off from other experiences and label, as a class, the aesthetic ones. Aesthetic experience is basic, and allother things aesthetic — aesthetic properties, aesthetic objects, aesthetic attitudes — (...) are secondary in their importance to aesthetic experiences. 1Considering aesthetic experience as the raw data that philosophical aesthetics seeks to explain is a relatively recent phenomenon. This was certainly not the focus in the seventeenth and eighteenth centuries. Aesthetic judgment was the focus of Shaftesbury, Hutcheson, Hume, and Kant: "How do we make meaningful judgments (hopefully real ones) about the aesthetic quality of (certain) objects and events?" But with George Santayana, John Dewey, and Jerome Stolnitz, the focus changes. Now the interest is in the aesthetic experience: what makes those experiences we label "aesthetic" special? Why do we separate those experiences from others?The movement from the Taste Theories to those focused on aesthetic experience is not a movement that is over and done with — far from it. There is still (and I think there will always be) a tension between these two very basic aspects of philosophical aesthetics. And, although I claim that aesthetic experience is the most basic thing that aesthetics studies, I recognize that this is challengeable and only true from a certain temporal viewpoint.I recently taught the most rewarding undergraduate course in aesthetics. The reason that it was so rewarding was that the students carried the class with deep and insightful discussions, and they were not shy about challenging what was coming out of my mouth. One of the challenges that informed our entire semester focused on the tension between experience and judgment. I lectured comfortably about aesthetic experience as our "raw data," and I lectured equally comfortably about how taking an aesthetic view of an object or event meant focusing primarily, if not exclusively, on [End Page 40] what is available to us through simple sensory acquaintanceship with the object. "Aesthetics," I said, "is about the sensuous aspects of our experiences." And so we could, for instance, take an aesthetic view of a Robert Mapplethorpe photograph which precluded our experiences being mired in the themes that the more famous Mapplethorpe photos take as their content. "Mapplethorpe is a great photographer," I argued, "and one can see this if one is willing to focus strictly on what meets your eye when you look at the picture." In short, I held the position that the aesthetic view is the formal one.Without saying more, what I did was conflate two different things. On the one hand, I argued that aesthetic experience is a natural part of life that aesthetics seeks to explore. On the other, I argued that appreciating something aesthetically was to appreciate its formal qualities, those qualities that one could access simply through looking, hearing, touching, for example. But these really are two different things.Aesthetic experiences, if we are to treat them as "raw data," must be explored without pre-conception, prejudice, or limitation. And, truly enough, the vast majority of aesthetic experiences are not focused exclusively, in terms of their contents, on formal or simple-sensory matters. Aesthetic experiences are, first, experiences. They are complex things, having to do with things as tidy as the formal qualities of the object under consideration and with things as messy as whether one had enough sleep the night before, whether one just had a fight with his roommate, whether one is carrying psychological baggage that is brought to consciousness by this particular aesthetic object. Later in this essay, I want to explore some of this complexity.The other side of what was happening in my class, the formal focus on the sensory as the basis for an aesthetic viewing, is not the substance of "aesthetic experience" per se. It is rather the basis of what we might call "aesthetic analysis." Aesthetic analysis has to do with separating out from our... (shrink)

Drug effects on consciousness are powerful probes of how physical processes in the body are connected to conscious experience. Drugs that alter consciousness – producing arousal, sedation, sleep, anesthesia, analgesia, euphoria, amnesia, hallucinations, or psychedelic‐like intensification of perceptions, thoughts, and feelings – have been identified as interacting in various ways with cellular and molecular processes within the nervous system. While the focus has thus far been on synaptic connections between neurons, there is likely to be much more going on in (...) the interaction of drugs with living systems that has not yet been identified. Psychedelic drugs, plants, and fungi are associated with perhaps the most interesting and profound of the drug‐induced alterations of consciousness. Contemporary investigations of psychedelics include renewed interest in the transformational therapeutic potential of these substances, and may also lead to new insights into the nature of consciousness. (shrink)

_Explores the evolution of Heidegger’s thinking about nature and its relevance for environmental ethics._.

Published in German during the last 15 years, the 13 essays in this volume provide readers with valuable knowledge of the much discussed theme of hermeneutics today. Gadamer was an early student of Martin Heidegger and has been a lifelong friend and interpreter. These essays are an outgrowth of Gadamer's Truth and Method. They can be understood, however, independently of it. Gadamer's standpoint is a blend of Hegel's and Heidegger's, with his own independent development in part. The book contains a (...) long and highly competent introduction by the editor, David E. Linge, who has translated most of the essays. - Choice, on back cover. (shrink)

David E. Cooper elucidates Nietzsche's educational views in detail, in a form that will be of value to educationalists as well as philosophers. In this title, first published in 1983, he shows how these views relate to the rest of Nietzsche's work, and to modern European and Anglo-Saxon philosophical concerns. For Nietzsche, the purpose of true education was to produce creative individuals who take responsibility for their lives, beliefs and values. His ideal was human authenticity. David E. Cooper (...) sets Nietzsche's critique against the background of nineteenth-century German culture, yet is concerned at the same time to emphasize its bearing upon recent educational thought and policy. (shrink)