In Lister v Hesley Hall [2002] 1 AC 215 the House of Lords reformed the law on vicarious liability, in the context of a claim arising over the intentional infliction of harm, by introducing the ‘close connection’ test. The immediate catalyst was the desire to facilitate recovery of damages on the part of victims of child abuse. The precise form the revision assumed was derived from two Canadian Supreme Court cases: Bazley v Curry [1999] 174 DLR (4th) 45 and Jacobi (...) v Griffiths [1999] 174 DLR (4th) 7. The Canadian jurisprudence contains a detailed review of the policy factors underpinning the law of vicarious liability and expresses the view that the most significant of these is ‘enterprise liability’. This article attempts to establish whether enterprise liability holds the same significance in the UK. And, on the assumption that it does, the article goes on to consider any difficulties that may ensue and any further common law reforms that may result. In particular it considers whether the law on vicarious liability for independent contractors is likely to change. (shrink)

Aristotle's way of thinking has normally been understood as hostile to any liberal, pluralistic, or commercial society. In Liberal Nature, Rasmussen and Den Uyl set out to show that the Aristotelian approach to ethics supports the natural rights which form the most secure basis for liberal principles. The authors lay the foundations for their thesis by rebutting the most prominent arguments against the Aristotelian approach; they then offer a new interpretation for Aristotelian ethics as a natural-end ethics in which human (...) flourishing is the ultimate moral standard. (shrink)

This article unfolds in three stages. First, it locates the emergence of modern conceptions of social justice in industrializing Europe, and especially in the discovery of the “social,” which provided a particular idiom for the liberal democratic politics for most of the twentieth century. Second, the article links this particular conception of the social to the political rationalities of the postwar welfare state and the identity of the social citizen. Finally, the article discusses the myriad ways in which this legacy (...) of the social and social justice has been disrupted, although not yet fully displaced, by the economic orthodoxies and individualization that inform the contemporary neoliberal governing project in Canada. The result, the article concludes, has been the institutionalization of insecurity, which demands the renewal of a social way of seeing and a politics of social justice on local and global scales. (shrink)

This paper considers how the terms ‘objection,’ ‘rebuttal,’ ‘attack,’ ‘refutation,’ ‘rebutting defeater’ and ‘undercutting defeater’ are used in writings on argumentation and artificial intelligence. The central focus is on the term ‘rebuttal.’ A provisional classification system is proposed that provides a normative structure within which the terms can be clarified, distinguished from each other, and more precisely defined.

Walton gives a clear method for analyzing and evaluating cases of ad hominem arguments found in everyday argumentation.

This book provides an argumentation model for means-end reasoning, a distinctive type of reasoning used for problem-solving gand decision-making. Means-end reasoning is modeled as goal-directed argumentation from an agent's goals and known circumstances, and from an action selected as a means, to a decision to carry out the action. Goal-based reasoning for argumentation provides an argumentation model for this kind of reasoning, showing how it is employed in settings of intelligent deliberation where agents try to collectively arrive at a conclusion (...) on what they should do to move forward in a set of circumstances. The book explains how this argumentation model can help build more realistic computational systems of deliberation and decision-making and shows how such systems can be applied to solve problems posed by goal-based reasoning in numerous fields, from social psychology and sociology, to law, political science, anthropology, cognitive science, artificial intelligence, multi-agent systems, and robotics." -- Back cover. (shrink)

Case study: while on placement at a mental health day centre I was assigned to act as key-worker to Mr X, a working-class white man in his early 40s who has been diagnosed with several psychiatric disorders. Mr X also experiences poor physical health. Mr X has been diagnosed as ?having? obsessive compulsive disorder, major depressive disorder, anger management disorder, Tourette's syndrome and paranoia. He has also been diagnosed with fibromyalgia. For all these, he daily takes a powerful cocktail of (...) anti-depressants, mood-stabilizers, anti-psychotics and pain killers. From his file I noted that he had been discharged from the local community psychiatric team, so he no longer had regular and unproblematic access to either a psychiatrist or social worker. He had been receiving anger management therapy (AMT), but his attendance had been sporadic. Mr X had, he claimed, no real friends, or, as he put it, ?just mere acquaintances?. Mr X lives alone with his mother. Mr X was a new member at the day centre but had had a long career as a mental health service user (owing to his angry behaviours he had been ?asked to leave? his previous day centre). The stated and overt purpose of our relationship was to collaborate towards ameliorating his situation. This work more commonly consisted of offering emotional and practical support, but, when first assigned Mr X, I was told by my practice assessor that eventually I would be required to carry out a risk assessment of him. So, for the purposes of this essay, I will focus on the ethical problems and dilemmas I encountered in the progression leading towards, and the actual process of carrying out, an assessment of the supposed risk that Mr X may pose either to himself, others or both. (shrink)

Partly due to the influence of Tarski's work, it is commonly assumed that any good theory of truth implies biconditionals of the sort mentioned in Convention T: instances of the T-Schema "s is true in L if and only if p" where the sentence substituted for "p" is equivalent in meaning to s. I argue that we must take care to distinguish the claim that implying such instances is sufficient for adequacy in an account of truth from the claim that (...) doing so is necessary. The claim that doing so is sufficient is a common component of deflationary theories of truth, while the claim that it is necessary, though often assumed, must be denied by proponents of rival inflationary theories of truth. I discuss the clarification of the debate between these views of truth that results from distinguishing the necessity and the sufficiency claims, and examine the prospects for its resolution. (shrink)

This article examines the Canadian case, focusing on the ways in which the political rationalities that have informed the Canadian variants of post-war social liberalism and neoliberalism have opened and then closed spaces for the articulation and institutionalization of gender-based equality claims-making. The article recounts how the Canadian welfare state underwrote a unique gender equality infrastructure inside the state and a thick field of gender organizations in civil society and later how this potent political and symbolic node of social liberalism (...) became a critical field of contestation for those promoting neoliberal political rationalities. The article describes a protracted war of position in which the gendered politics and identities of the 20th century have been displaced and marginalized, but not fully consumed by neoliberal idioms, representations and policy interventions. (shrink)

Walton offers a comprehensive, flexible model for physician-patient decision making, the first such tool designed to be applied at the level of each particular case. Based on Aristotelian practical reasoning, it develops a method of reasonable dialogue, a question- and-answer process of interaction leading to informed consent on the part of the patient, and to a decision--mutually arrived at--reflecting both high medical standards and the patient's felt needs. After setting forth his model, he applies it to three vital ethical issues: (...) acts of omission, the cessation of treatment, and possible side effects of treatments. In the final chapter, Walton shows how his method functions in light of the real-life complexities of the clinical encounter and how it bears on ethical questions concerning health-care policy, attitudes toward treatment and toward the medical profession, reasonableness of expectations, and the setting of realistic goals of treatment. (shrink)

Scare Tactics, the first book on the subject, provides a theory of the structure of reasoning used in fear and threat appeal argumentation. Such arguments come under the heading of the argumentum ad baculum, the `argument to the stick/club', traditionally treated as a fallacy in the logic textbooks. The new dialectical theory is based on case studies of many interesting examples of the use of these arguments in advertising, public relations, politics, international negotiations, and everyday argumentation on all kinds of (...) subjects. Many of these arguments are amusing, once you see the clever tactic used; others are scary. Some of the arguments appear to be quite reasonable, while others are highly suspicious, or even outrageously fraudulent. In addition to the examples taken from logic textbooks, other cases treated come from a variety of sources, including political debates, legal arguments, and arguments from media sources, like magazine articles and television ads. The purpose of this book is to explain how such arguments work as devices of persuasion, and to develop a method for analyzing and evaluating their reasonable and fallacious uses in particular cases. The book shows how such arguments share a common structure, revealing several distinctive forms of argument nested within each other. Based on its account of this cognitive structure, the new dialectical theory presents methods for identifying, analyzing, and evaluating these arguments, as they are used in specific cases. The book is a scholarly contribution to argumentation theory. It is written in an accessible style, and uses many colorful and provocative examples of fear and threat appeal arguments that are suitable for classroom discussions. The matters treated will be of interest to professionals and students in law, critical thinking, advertising, speech communication, informal logic, cognitive science, rhetoric, and media studies. (shrink)

What is truth? What role does truth play in the connections between language and the world? What is the relationship between truth and being? Douglas Edwards tackles these questions and develops a distinctive metaphysical worldview. He argues that in some domains language responds to the world, whereas in others language generates the world.

Many states recognize a legal right to bodily integrity, understood as a right against significant, nonconsensual interference with one’s body. Recently, some have called for the recognition of an analogous legal right to mental integrity: a right against significant, nonconsensual interference with one’s mind. In this chapter, we describe and distinguish three different rationales for recognizing such a right. The first appeals to case-based intuitions to establish a distinctive duty not to interfere with others’ minds; the second holds that, if (...) we accept a legal right to bodily integrity, then we must, on pain of philosophical inconsistency, accept a case for an analogous right over the mind; and the third holds that recent technological developments create a need for a legal right to mental integrity. (shrink)

Properties and objects are everywhere, but remain a philosophical mystery. Douglas Ehring argues that the idea of tropes--properties and relations understood as particulars--provides the best foundation for a metaphysical account of properties and objects. He develops and defends a new theory of trope nominalism.

International Commentary on Evidence, 2006 Vol. 4, Issue 2, 1-47 . [link to online version posted].

InThe Promise of Green PoliticsDouglas Torgerson offers a survey of different schools of ecological thought, discusses their implications for the larger ...

The Frankfurt School had a highly ambivalent relation to Judaism. On one hand, they were part of that Enlightenment tradition that opposed authority, tradition, and all institutions of the past -- including religion. They were also, for the most part, secular Jews who did not support any organized religion, or practice religious or cultural Judaism. In this sense, they were in the tradition of Heine, Marx, and Freud for whom Judaism was neither a constitutive feature of their life or work, (...) nor a significant aspect of their self-image and identity. (shrink)

" Journal of the American Medical Association "Walton has made a successful attempt to write about medical concerns without ever leaving the layperson to ...

This chapter puts Sellars' project of unifying his two images in conversation with that of understanding how the two truth, the conventional and ultimate truth, are related in Buddhism, and in Madhyamaka in particular.

Why is beauty consoling? Ancient and Medieval Western philosophy was primarily concerned with beauty in relation to truth and goodness. The theistic religions assume a link between beauty, goodness and truth, all of which are viewed as Divine attributes. This is one reason for the iconoclasm that all three Abrahamic religions share to a greater or lesser degree. Yet, creative fictions of great artistic beauty aspire to a certain truthfulness. A work of the imagination may deepen or purify our emotions (...) such that we gain a clearer understanding of reality. Beauty is consoling because it resolves the contradictions of experience; art can be a conduit to a supreme transcendent unity. The Iconic Imagination is both a reflection on the redemptive potential of art, and an investigation of the traditions of occidental Christianity, Judaism, Hinduism and Islam in their confrontations with the particular power of art to represent the transcendent. Throughout, Hedley argues that the malaise of much contemporary reflection upon beauty is a consequence of the marginalisation of beauty's religious dimension. (shrink)

Design and analysis of algorithms can be a difficult subject for students due to its sometimes-abstract nature and its use of a wide variety of mathematical tools. Here the author, an experienced and successful textbook writer, makes the subject as straightforward as possible in an up-to-date textbook incorporating various new developments appropriate for an introductory course. This text presents the main techniques of algorithm design, namely, divide-and-conquer algorithms, greedy algorithms, dynamic programming algorithms, and backtracking. Graph algorithms are studied in detail, (...) and a careful treatment of the theory of NP-completeness is presented. In addition, the text includes useful introductory material on mathematical background including order notation, algorithm analysis and reductions, and basic data structures. This will serve as a useful review and reference for students who have covered this material in a previous course. Features The first three chapters provide a mathematical review, basic algorithm analysis, and data structures. Detailed pseudocode descriptions of the algorithms along with illustrative algorithms are included. Proofs of correctness of algorithms are included when appropriate. The book presents a suitable amount of mathematical rigor. After reading and understanding the material in this book, students will be able to apply the basic design principles to various real-world problems that they may encounter in their future professional careers. (shrink)

The translation of Pierre Klossowski's Nietzsche and the Vicious Circle finally provides an English-speaking audience with access to one of the most influential texts in the French Nietzsche tradition. First published in France in 1969, Klossowski's text consummated over three decades of intense work and discussion on Nietzsche's most enigmatic and original ideas. Working with Bataille and the famous College de Sociologie, Klossowski published a series of important studies of Nietzsche culminating in Nietzsche and the Vicious Circle which Foucault described (...) in a letter to Klossowski as "the greatest book of philosophy I have read" in addition to Nietzsche himself. Deeply influencing Deleuze, Lyotard, and other major Nietzscheans, Klossowski's work remains a seminal text of the contemporary French reading of Nietzsche. (shrink)

In the current ongoing Terror War, both George W. Bush and Osama bin Laden deploy certain similar figures of speech, fusing their metaphysical and political discourses while reserving the demonology. In his speech to Congress on September 20, 2001 declaring his war against terrorism, Bush described the conflict as a war between freedom and fear. The coming Terror War was, he explained, a conflict between “those governed by fear” who “want to destroy our wealth and freedoms,” and those on the (...) side of freedom. Bush insisted that “you’re either with us, or you’re with the terrorists,” and laid down a series of non-negotiable demands to the Taliban while Congress wildly applauded. Bush’s popularity soared with a country craving blood-revenge and the head of Osama bin Laden. Moreover, proclaiming what his administration and commentators would describe as “the Bush doctrine,” Bush also asserted that his administration held accountable those nations who supported terrorism –- a position that could nurture and legitimate military interventions for years to come. (shrink)

Robertson's earlier work, The New Renaissance projected the likely future impact of computers in changing our culture. Phase Change builds on and deepens his assessment of the role of the computer as a tool driving profound change by examining the role of computers in changing the face of the sciences and mathematics. He shows that paradigm shifts in understanding in science have generally been triggered by the availability of new tools, allowing the investigator a new way of seeing into questions (...) that had not earlier been amenable to scientific probing. (shrink)

Traditional scholars of philosophy and religion, both East and West, often place a major emphasis on analyzing the nature of “the self.” In recent decades, there has been a renewed interest in analyzing self, but most scholars have not claimed knowledge of an ahistorical, objective, essential self free from all cultural determinants. The contributors to this volume recognize the need to contextualize specific views of self and to analyze such views in terms of the dynamic, dialectical relations between self and (...) culture.An unusual feature of this book is that all of the chapters not only focus on traditions and individuals, East and West, but include as primary emphases comparative philosophy, religion, and culture, reinforcing individual and cultural creativity. Each chapter brings specific Eastern and Western perspectives into a dynamic, comparative relation. This comparative orientation emphasizes our growing sense of interrelatedness and interdependency. Culture and Self includes many Asian and Western philosophical, religious, and cultural perspectives. Chapters focus on Vedanta, Samkhya-Yoga, and other Hindu approaches, as well as Buddhist, Confucian, Taoist and other Indian, Chinese, and Japanese perspectives. Studies present Cartesian and other dominant Western perspectives, as well as Marx, Nietzsche, Sartre, feminism, and other Western challenges to the dominant Western interpretations of culture and self.This volume will appeal to students and readers of philosophy, religious studies, Asian studies, and cultural studies. (shrink)

Introduction I propose in this work, first, to consider the process of doing ontology and, second, to argue for the importance which an understanding of ...