The American Society for Bioethics and Humanities is now proposing a process whereby the role and authority of clinical ethics consultants can be legitimated. Without regulation and oversight, the field lacks validity and accountability. ASBH has sought to remedy the lack of uniform standards and accreditation by publishing Core Competencies in Health Care Ethics Consultation and an education guide, and now by proposing a “quality attestation process,” situated between national certification processes and local credentialing practices, to “attest to the skills (...) and ability of properly trained and competent clinical ethicists.” If the process is successful, a cadre of certified clinical ethics consultants will emerge. Before the dawn of this new era, it is worth pausing to consider the adequacy of the quality attestation process itself and how it will affect the current world of clinical ethics consultants. Ethics consultations are often done by a multidisciplinary team, and the consult note is a compilation or synthesis of the work of the team. If the evidence required to attest to one's quality as an ethics consultant is to bear on one's ability to work with a team and present an integrated consult note, then these notes are relevant. If, however, the evidence is to bear on the quality of one's own work, then the evidence is inconclusive at best, fraudulent at worst. The quality attestation process seems to be predicated on the individual ethics consultant model, which may not jibe with the realities of ethics consultation. There may be more than one way to demonstrate one's competence, and there may be more than one competency to demonstrate. (shrink)

This handbook offers a deep analysis of the main forms of legal reasoning and argumentation from both a logical-philosophical and legal perspective. These forms are covered in an exhaustive and critical fashion, and the handbook accordingly divides in three parts: the first one introduces and discusses the basic concepts of practical reasoning. The second one discusses the main general forms of reasoning and argumentation relevant for legal discourse. The third one looks at their application in law as well as at (...) the different areas of legal reasoning. The handbook’s division in three parts reflects its conceptual architecture, since legal reasoning and argumentation are considered in relation to the more general types of reasoning. (shrink)

‘A fool sees not the same tree that the wise man sees’, so wrote William Blake in his enigmatic ‘Proverbs of Hell’.1 Of course, in one sense, the wise man and the fool see the same tree – they dire...

This chapter contains section titled: I Integrity: The Notion II Integrity and Justice III The Public Character of Justice IV Fidelity V Integrity and the Law Acknowledgement.

Original essays by leading philosophers of science explore the question of whether metaphysics can and should be naturalized--conducted as part of natural science.

The study of social norms sprawls across all of the social sciences but the the concept lacks a unified conception and formal theory. We synthesize an account that can be applied generally, at the social scale of analysis, and can be applied to empirical evidence generated in field and lab experiments. More specifically, we provide new analysis on representing norms for application in empirical political science, and in parts of economics that do not follow the recent trend among some behavioral (...) economists to build models of the cognitive and motivational states of individuals taken “one at a time”. Foundational sources for our project are Bicchieri (2006, 2017), Kuran (1995), and Stirling (2012, 2016). From Bicchieri take that a norm exists in a social structure when a significant networked subset of individuals share descriptive and injunctive expectations that it regulates their interactions. From Kuran we take the insight that prevailing norms may come to be widely disliked by participants in networks but survive because norm suppress public displays of disenchantment. From Stirling we apply conditional game theory (CGT) to provide the technical resources for building our model of a norm-regulated social interaction. The example we use is a multi-player Investment/Trust Game. (shrink)

Introduction: situating Heidegger and the philosophy of technology -- Heidegger's philosophy of technology -- The historical-ontological priority of technology over science -- Deromanticizing Heidegger -- Interlude: the earth inherited -- Was Heidegger prescient concerning technoscience? -- Heidegger's technologies: one size fits all -- Concluding postphenomenological postscript: writing technologies.

This handbook offers a deep analysis of the main forms of legal reasoning and argumentation from both a logical-philosophical and legal perspective. These forms are covered in an exhaustive and critical fashion, and the handbook accordingly divides in three parts: the first one introduces and discusses the basic concepts of practical reasoning. The second one discusses the main general forms of reasoning and argumentation relevant for legal discourse. The third one looks at their application in law as well as at (...) the different areas of legal reasoning. The handbook’s division in three parts reflects its conceptual architecture, since legal reasoning and argumentation are considered in relation to the more general types of reasoning. (shrink)

In many ways, Benedict (Baruch) de Spinoza appears to be a contradictory figure in the history of philosophy. From the beginning, he has been notorious as an "atheist" who seeks to substitute Nature for a personal deity; yet he was also, in Novalis's famous description, "the God-intoxicated man." He was an uncompromising necessitarian and causal determinist; yet his ethical ideal was to become a "free man." He maintained that the human mind and the human body are identical; yet he also (...) insisted that the human mind can achieve a kind of eternality that transcends the death of the body. He has been adopted by Marxists as a precursor of historical materialism, and by Hegelians as a precursor of absolute idealism. He was a psychological egoist, proclaiming that all individuals necessarily seek their own advantage and implying that other individuals were of value to him only insofar as they were useful to him; yet his writings aimed to promote human community based on love and friendship, he had many devoted friends, and even his critics were obliged to acknowledge that his personal conduct was above reproach. He held that the state has the right to do whatever it has the power to do, while at the same time he defended democracy and freedom of speech. He denied supernatural revelation and criticized popular religion as a grave danger to the peace and stability of the state; yet he devoted himself to the careful interpretation of scripture and argued for toleration and freedom of religion. Rarely employing figures of speech or rhetorical flourishes of any kind, his works are nevertheless among the most magisterial and uplifting of all philosophical writings, and they have inspired more poets and novelists than those of any other philosopher of the early modern period. (shrink)

Kant argues that the “discipline” of reason holds us to public argument and reflective thought. When we speak the language of reasoned judgment, Kant maintains, we “speak with a universal voice,” expecting and claiming the assent of all other rational beings. This language carries with it a discipline requiring us to submit our judgments to the forum of our rational peers. Remarkably, Kant does not restrict this thought to the realm of politics, but rather treats politics as the model for (...) reason's authority in all the provinces that rational beings inhabit. (shrink)

The purpose of this article is to advance a new understanding of gender as a routine accomplishment embedded in everyday interaction. To do so entails a critical assessment of existing perspectives on sex and gender and the introduction of important distinctions among sex, sex category, and gender. We argue that recognition of the analytical independence of these concepts is essential for understanding the interactional work involved in being a gendered person in society. The thrust of our remarks is toward theoretical (...) reconceptualization, but we consider fruitful directions for empirical research that are indicated by our formulation. (shrink)

This book offers a philosophical interpretation of the historical debate between Bentham and classical Common Law Theory, a debate that is fundamental to philosophical thought and has shaped contemporary conceptions of nature, tasks, and limits of law and adjudication. The author explores the philosophical foundations of Common Law theory, focusing particularly on the writings of Sir Mathew Hale and David Hume.

Being able to categorize objects as similar or different is an essential skill. An important aspect of learning to categorize is learning to attend to relevant features and ignore irrelevant features of the to-be-categorized objects. Feature variability across objects of different categories is informative, because it allows inferring the rules underlying category membership. In this study, participants learned to categorize fictitious creatures. We measured attention to the aliens during learning using eye-tracking and calculated the attentional focus as the ratio of (...) attention to relevant versus irrelevant features. As expected, participants’ categorization accuracy improved with practice; however, in contrast to our expectations, their attentional focus did not improve with practice. When computing the attentional focus, attention to the aliens’ eyes was disregarded, because while eyes attract a lot of attention, they did not vary across aliens. Yet, an explorative analysis of attention to eyes suggested that participants’ attentional focus did become somewhat more efficient in that over time they learned to ignore the eyes. Results are discussed in the context of the need for instructional methods to improve attentional focus in learning to categorize. (shrink)

Paul Churchland does not open his latest book,The Engine of Reason, the Seat of the Soul, modestly. He begins by announcing, “This book is about you. And me … More broadly still, it is about every creature that ever swam, or walked, or flew over the face of the Earth” (p. 3). A few sentences later, he says, “Fortunately, recent research into neural networks … has produced the beginnings of a real understanding of how the biological brain works—a real understanding, (...) that is, of howyouwork, and everyone else like you” (p. 3). The implicit identification here of “me and you and everyone” with “the biological brain” might lead an uncharitable reader to view Churchland's book as “Eliminativism for the non-specialist,” that is, as an attempt to popularize the view of the mindbody problem with which, among his professional peers, Churchland has long been identified. However, I think that such a readingwouldbe uncharitable. He is, of course, frequently sceptical about the utility of folk psychology, but in this book he is much less concerned to disparage folk psychology as a failedtheory(by contrast with, for example, the arguments in Churchland 1979) than to urge the more modest view that the more we understand the brain, the better we shall be at helping those whose brains are damaged in ways that interfere seriously with the fulfilment of their lives. Hence, I am inclined to take him at his word when he says in the Preface that “The book is motivated first of all by sheer excitement over the new picture that is now emerging … [and] … also by the idea that this is information that the public needs to know” (p. xi). What excites Churchland so, at least overtly, is not the negative thesis he has defended elsewhere that folk-psychological terms fail to refer; his enthusiasm is mainly reserved for the positive thesis that minds are, essentially, interacting assemblies of recurrent neural networks. It is therefore this positive thesis, and Churchland's defence of it, that I will assess in the following discussion. (shrink)

The essays in this volume offer a reassessment of Jeremy Bentham's strikingly original legal philosophy. Early on, Bentham discovered his 'genius for legislation' - 'legislation' included not only lawmaking and code writing, but also political and social institution building and engineering of public spaces for effective control of the exercise of political power. In his general philosophical work, Bentham sought to articulate a public philosophy to guide and direct all of his 'legislative' efforts. 0Part I explores the philosophical foundations of (...) his public philosophy: his theory of meaning and framework for analysis and definition of key concepts, his theory of human affections and motivations, and his utilitarian theory of value. It is argued that, while concepts of pleasure and happiness play nominal roles in his theory of value, concepts of publicity, equality, and interests emerge as the dominant concepts of his public philosophy. Part II explores several dimensions of Bentham's jurisprudence, including his radically revised command model of law, his early reflections on justice and law in adjudication, his theories of judicial evidence, constitutional rights, the rule of law, and international law. The concluding essay demonstrates the centrality of the notion of publicity in his moral, legal and political thought. Emerging from this study is a positivist legal theory and a utilitarian moral-political philosophy that challenge in fundamental ways contemporary understandings of those doctrines. (shrink)

Not so long ago, being reasonably trustworthy was good enough. But soon only the extremely trustworthy will thrive. In the age of smartphones and social networks, every action an organization takes can be exposed and critiqued in real time. Nothing is local or secret anymore. If you treat one customer unfairly, produce one shoddy product, or try to gouge one price, the whole world may find out in hours, if not minutes. The users of Twitter, Yelp, and similar outlets show (...) little mercy for bad behavior. The bar for trustworthiness is higher than ever and continues to rise. Bestselling authors Don Peppers and Martha Rogers, Ph.D., argue that the only sane response to these rising levels of transparency is to protect the interests of customers proactively—even if that requires spending extra money in the short run to preserve your brand reputation in the long run. The payoff of generating extreme trust will be worth it. With a wealth of fascinating research as well as practical applications, this book will show you how to earn—and keep—the extreme trust of everyone your company interacts with. (shrink)

Kant argues that the “discipline” of reason holds us topublicargument and reflective thought. When we speak the language of reasoned judgment, Kant maintains, we “speak with a universal voice,” expecting and claiming the assent of all other rational beings. This language carries with it a discipline requiring us to submit our judgments to the forum of our rational peers. Remarkably, Kant does not restrict this thought to the realm of politics, but rather treats politics as the model for reason's authority (...) in all the provinces that rational beings inhabit. (shrink)

Intuitively, rape is seriously morally wrong in a way simple assault is not. Yet philosophical disputes about the features of rape that make it the heinous act it is invite a general account of the difference between (mere) wrong-making characteristics and heinous-making characteristics. In this paper I propose just such an account and use it to refute some accounts of the wrongness of rape and refine others. Given these analyses, I close by developing and defending an account of a particularly (...) important heinous-making characteristic of rape. (shrink)

Mandeville writes that it was said of Montaigne “that he was pretty well vers’d in the Defects of Man-kind, but unacquainted with the Excellencies of human Nature,” adding, “If I fare no worse, I shall think my self well used.” Mandeville transformed Montaigne’s suggestion into a methodology for his systematic attempt to “anatomize the invisible Parts of Man”. His tale of “the grumbling hive,” and his extensive commentary on it, were designed to demonstrate that “if Mankind could be cured of (...) the Failings they are Naturally guilty of, they would cease to be capable of being rais’d into such vast, potent and polite Societies, as they have been”. (shrink)

Nowhere has H.L.A. Hart's influence on philosophical jurisprudence in the English-speaking world been greater than in the way its fundamental project and method are conceived by its practitioners. Disagreements abound, of course. Philosophers debate the extent to which jurisprudence can or should proceed without appeal to moral or other values. They disagree about which participant perspective—that of the judge, lawyer, citizen, or “bad man”—is primary and about what taking up the participant perspective commits the theorist to. However, virtually unchallenged is (...) the view that jurisprudence is fundamentally interpretive or “hermeneutic”; that it takes for its subject a certain kind of social practice, constituted by the behavior and understandings of its participants; that its task is to explain this practice and its relations to other important social practices; and that it can properly be explained only by taking full account of participant understandings. It is, perhaps, some measure of the hegemony of Hart's influence that Ronald Dworkin mounts his fundamental challenge to Hart's positivism squarely from within this jurisprudential orthodoxy. Dworkin may have exceeded the limits of the method as Hart conceived it, but, as Stephen Perry has argued, “the seeds of Dworkin's strong version of inter-pretivism were sown by Hart himself.”. (shrink)

Hume describes “mental geography” as the endeavor to know “the different operations of the mind, to separate them from each other, to class them under their proper heads, and to correct all that seeming disorder, in which they lie involved, when made the object of reflection and enquiry.” While much has been written about his geography of thought in Treatise Book 1, relatively little has been written about his geography of feeling in Books 2 and 3, with the result that (...) there has been considerable puzzlement and disagreement about the meaning and grounds of many of his central theses about the passions, action, and morals. My endeavor in this chapter is to remove some common sources of perplexity about his classification of the operations of feeling “under their proper heads” in that work. I begin by explaining his three highest-level distinctions bearing on this terrain: that between impressions and ideas; that between original impressions and secondary impressions; and that between the passions and the other emotions. In order to understand this third distinction, I explain his three different senses of the term ‘emotion’ and the relations among them. I ill then examine five different kinds of secondary impressions that he recognizes. These are: (1) sensible agitations; (2) feelings of or from mental operations; (3) volitions; (4) the passions (including motives); and (5) sentiments of taste. The broad outlines of the resulting geography are mapped out in a chart at the end. (shrink)

Expanded new edition of the landmark book demonstrating the practice of phenomenology through visual illusions and ambiguous drawings.

The thesis of this essay is that social conventions of the kind Lewis modeled are generated and maintained by a form of practical reasoning which is essentially common. This thesis is defended indirectly by arguing for an interpretation of the role of salience in Lewis’s account of conventions. The remarkable ability of people to identify salient options and appreciate their practical significance in contexts of social interaction, it is argued, is best explained in terms of their exercise of what I (...) call “salience reasoning,” a form of common practical reasoning. The more widely accepted understanding of salience competence, the “natural salience” understanding, fails as an interpretation of the notion at work in Lewis and Schelling (on whom Lewis relied) and is inadequate as an explanation of salience competence. (shrink)

Law bends the past of a community's common life towards its future. Precedent is one of law's favored tools for doing the bending, and legal systems that assign precedent a starring role seem especially mindful of time. Yet, mindfulness of time goes far deeper into law's DNA. It is not limited to the doctrine of precedent or unique to common‐law jurisdictions. Recognizing that time is an elemental dimension of human experience and basic ordering principle of practical agency, law utilizes and (...) orders time. Temporality is essential to law's distinctive mode of governance and guidance. (shrink)

This collection explores the subject of conflicts of interest. It investigates how to manage conflicts of interest, how they can affect well-meaning professionals, and how they can limit the effectiveness of corporate boards, undermine professional ethics, and corrupt expert opinion. Legal and policy responses are considered, some of which (e.g., disclosure) are shown to backfire and even fail. The results offer a sobering prognosis for professional ethics and for anyone who relies on professionals who have conflicts of interest. The contributors (...) are leading authorities on the subject in the fields of law, medicine, management, public policy, and psychology. The nuances of the problems posedby conflicts of interest will be highlighted for readers in an effort to demonstrate the manyways that structuring incentives can affect decision making and organizations' financial well-being. (shrink)

Don Handelman's groundbreaking work in anthropology is showcased in this collection of his most powerful essays, edited by Matan Shapiro and Jackie Feldman. The book looks at the intellectual and spiritual roots of Handelman's initiation into anthropology; his work on ritual and on "bureaucratic logic"; analyses of cosmology; and innovative essays on Anthropology and Deleuzian thinking. Handelman reconsiders his theory of the forming of form and how this relates to a new theory of the dynamics of time. This will be (...) the definitive collection of articles by one of the most important anthropologists of the late 20th Century. (shrink)

In general, offers a good discussion of Dworkin's theory of interpretation. Postema is critically concerned with whether Dworkin commits himself to individualistic and privatistic sense of interpretation and how Dworkin articulates the logical independency of pre-interpretive paradigm instances or social facts which form the object of interpretation and the end which is interpretively posited in the act of interpretation. Criticisms, for the most part, appear to be compatible with Dworkin's overall theory and may simply be additional explication of the (...) character of interpretation. "There is nothing in Dworkin's meta-theory of interpretation of social practices that requires attention to the interpretive activities of fellow participants. Herein lies the strong "protestantism" of Dworkin's theory. Not only is each participant encouraged to take up the interpretive enterprise...but each individual participant also has access to the truth, as it were, about what the practice is and requires, though private interpretation of the practice-text. While Dworkin seems to recognize that the practice is common, he counsels participants to live as if each had a private understanding of his own." "It is problematic because it makes interpretation of social practices insufficiently practical, insufficiently intersubjective, and thus insufficiently political." Notes that the interpretive attitude when acting in a practice is relatively rare, usually becoming part of a practice is more like learning a discipline or technique. "[I]t may not be possible intelligibly to separate that point from the activies and rules in which it is expressed. The same meaning may, conceivably, be expressed in some other way, but this does not imply that the meaning is logically independent of the medium of expression." "That is, the behavior is logically separable from its interpretation only on pain of denying that the practice is common activity yielding common principles." "Often an agent may only come to understand his actions long after he has performed them, or may later come to see his actions in a very different light...First, on this view meaningful action is a primitive. Action is expressive of its meaning or purpose, but not resolvable into distinct behavior and purpose. But, since this purpose or meaning may not be fully or clearly articulated, interpretation can be seen as the activity of re-formulating and articulating it. Second, the 'meaning' of an action cannot be regarded as a private matter for the agent alone.". (shrink)

Abstract In this paper, I argue that the traditional philosophical approach of taking cognitively and emotionally competent adult people to be the prototypical instances of agency should be revised in light of current work in the behavioral sciences. Logical consistency in application is better served by taking simple goal-directed and feedback-governed systems such as insects as the prototypes of the concept of agency, with people being agents ?by extension? in the same sense as countries or corporations.

It is widely believed that Hume often wrote carelessly and contradicted himself, and that no unified, sound philosophy emerges from his writings. Don Garrett demonstrates that such criticisms of Hume are without basis. Offering fresh and trenchant solutions to longstanding problems in Hume studies, Garrett's penetrating analysis also makes clear the continuing relevance of Hume's philosophy.