This article argues that the apparent incompatibility between Social Theses about the nature of law and the Coherence (or Interpretivist) Thesis should be resolved by seeing them as representing two different conceptions of law. The Social Thesis associated with Exclusive Positivism is a powerful device for understanding the relationship between law and the citizen. But its central features, which turn on the authoritative nature of law, do not necessarily apply to the conception of law used by judges when deciding cases. (...) Failure to recognize the concurrence of the two conceptions of law can conceal some important issues of justice. (shrink)

The recent “Windrush” scandal in the United Kingdom involved the application of law by Home Office officials in a manner that demonstrated gross lack of concern and humanity for its impact on many individuals. In an endeavour to reach some understanding of how ordinary individuals could have inflicted such hardships on others, this article considers the possible effect that acting within a legal environment might have on the actors’ response to moral norms. The inquiry leads to reconsideration of established theories (...) on the relationship between law and morality, concluding that the main theories ignore important aspects of that relationship. (shrink)

This paper considers whether the positivist account of law is useful in guiding states in how they should deal with religious or customary legal orders followed by minority groups within their jurisdiction. It argues, first, that such orders can be said to exist despite the prevalence of disagreement about the grounds of law. It then argues, contrary to views advanced by Scott Shapiro and Joseph Raz, that there are good reasons for perceiving that the resolution of legal disputes by reference (...) to moral principle involves the application of pre‐existing law. However, the paper concludes by arguing that the Social Thesis has an important role in supplying the basis upon which the application of law can be deemed to be legitimate, and that this has relevance to the way states might respond to minority legal orders. (shrink)

Representations of contemporary individualism as “selfish” can lead to the perception that social and community relationships take place in a normative vacuum, which the law should attempt to fill. In this Article I argue that the representation is inaccurate and that replacing moral or social norms with legal norms carries serious risks. I suggest three models for the relationship between state law and family norms: the “authorization” model; the “delegation” model; and the “purposive abstention” model. Since I maintain that moral (...) and social norms do pertain within families, I argue that the “purposive abstention” model should normally be preferred. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Concurrent Contents: Recent and Classic References at the Interface of Philosophy, Psychiatry, and PsychologyArticlesAntonak, R. J., C. R. Fielder, and J. A. Mulick. 1993. A scale of attitudes toward the application of eugenics to the treatment of people with mental retardation. Journal of Intellect Disabilities Research 37:75–83.Arens, K. 1996. Commentary on “Lumps and bumps.” Philosophy, Psychiatry, & Psychology 3:15–16.Bavidge, M. 1996. Commentary on “Minds, memes, and multiples.” Philosophy, Psychiatry, (...) & Psychology 3:29–30.Blashfield, R. K. 1973. Evaluation of the DSM-II classification of schizophrenia as a nomenclature. Journal of Abnormal Psychology 85(2):140–150.Braude, S. E. 1996. Multiple personality and moral responsibility. Philosophy, Psychiatry, & Psychology 3:37–54.Broverman, I. K., S. R. Vogel, D. M. Broverman et al. 1972. Sex-role stereotypes: a current appraisal. Journal of Social Issues 28:59–78.Broverman, I. K., D. M. Broverman, P. E. Clarkson et al. 1975. Sex-role stereotypes and clinical judgments of mental health. Journal of Consulting and Clinical Psychology 34:1–7.Checkland, D., and M. Silberfeld. 1996. Mental competence and the question of beneficient intervention. Theoretical Medicine 17(2):121–134.Clark, S. R. L. 1996. Commentary on “Multiple personality and moral responsibility.” Philosophy, Psychiatry, & Psychology 3:55–57.Clark, S. R. L. 1996. Minds, memes, and multiples. Philosophy, Psychiatry, & Psychology 3:21–28.Dickenson, D., and D. Jones. 1995. True wishes: The philosophy and developmental psychology of children’s informed consent. Philosophy, Psychiatry, & Psychology 2:287–303.Donaldson, T. 1978. Psychoanalyzing the practical inference model. Philosophical Research Archives 4:1215.Eekelaar, J. 1995. Commentary on “True wishes.” Philosophy, Psychiatry, & Psychology 2:305–307.Fisher, S., and R. P. Greenberg. 1993. How sound is the double-blind design for evaluating psychotropic drugs? Journal of Nervous and Mental Disease 181:345–350.Fulwiler, C., and M. F. Folstein. 1995. Commentary on “Chris Walker’s interpretation of Karl Jaspers’ phenomenology.” Philosophy, Psychiatry, & Psychology 2:345–346.Heinze, M. 1995. Commentary on “Moralist or therapist?” Philosophy, Psychiatry, & Psychology 2:31–32.Iturrate, M. 1977. Man’s freedom: Freud’s therapeutic goal. Review of Existential Psychology and Psychiatry 15:32–45.Littlewood, R. 1991. From diseae to illness and back again. Lancet 337:1013–1015.Maddox, J. 1993. New genetics means no new ethics. Nature 364:97.McCormick, S. 1995. Commentary on “True wishes.” Philosophy, Psychiatry, & Psychology 2:309–310.Murray, T. H. 1995. Commentary on “True wishes.” Philosophy, Psychiatry, & Psychology 2:311–312.Muzika, E. G. 1989. Object relations theory, Buddhism, and the self-synthesis of eastern and western approaches. International Philosophical Quarterly 30(1):59–74.Parker, M. 1995. Commentary on “True wishes.” Philosophy, Psychiatry, & Psychology 2:313–314.Phillips, J. 1996. Key concepts: Hermeneutics. Philosophy, Psychiatry, & Psychology 3:61–69.Pole, D. 1970. Self and personality. The Journal of the British Society for Phenomenology 1:30–36.Priebe, S. 1989. On the subjectivity of psychiatric diagnosis. Psychiatric Praxis 16:86–89.Radden, J. 1996. Lumps and bumps: Kantian faculty psychology, phrenology, and twentieth-century psychiatric classification. Philosophy, Psychiatry, & Psychology 3:1–14.Sampson, E. E. 1981. Cognitive psychology as ideology. American Psychologist 36:730–743.Sarbin, T. R. 1976. Contextualism: A worldview for modern psychology. Nebraska Symposium on Motivation 24:1–41.Senft, P. A. 1975. The self-contradictions (antinomies) of psychotherapy: Is a solution in social action possible? The Human Context 7:367–372.Shuman, D. W. 1996. Commentary on “Multiple personality and moral responsibility.” Philosophy, Psychiatry, & Psychology 3:59–60.Sprigge, T. 1996. Commentary on “Minds, memes, and multiples.” Philosophy, Psychiatry, & Psychology 3:31–36.Wallace, K. 1996. Commentary on “Lumps and bumps.” Philosophy, Psychiatry, & Psychology 3:17–20.Wells, L. A. 1995. Commentary on “True wishes.” Philosophy, Psychiatry, & Psychology 2:315–317.Wiggins, O. P., and M. A. Schwartz. 1995. Chris Walker’s interpretation of Karl Jaspers’ phenomenology: a critique. Philosophy, Psychiatry, & Psychology 2:319–343.BooksAmerican Hospital Association. 1994. Values in conflict: Resolving ethical issues in health care. 2nd ed. Chicago: American Hospital Association.American Medical Association. 1992. Code of medical ethics: Annotated current opinions of the council on ethical and judicial affairs. Chicago: American Medical Association.———. 1994. Council on ethical and judicial affairs... (shrink)

We will next speak of Liberality. Now this is thought to be the mean state, having for its object-matter Wealth: I mean, the Liberal man is praised not in the circumstances of war, nor in those which constitute the character of perfected self-mastery, nor again in judicial decisions, but in respect of giving and receiving Wealth, chiefly the former. By the term Wealth I mean all those things whose worth is measured by money.

Loneliness in medicine is a serious problem not just for patients, for whom illness is intrinsically isolating, but also for physicians in the contemporary condition of medicine. We explore this problem by investigating the ideal physician-patient relationship, whose analogy with friendship has held enduring normative appeal. Drawing from Talbot Brewer and Nir Ben-Moshe, we argue that this appeal lies in a dynamic form of companionship incompatible with static models of friendship-like physician-patient relationships: a mutual refinement of embodied virtue that draws (...) both persons together. The ideal physician-patient relationship has a dialectical character that fosters each member's improvement of phenomenologically recognizing and embodying moral virtues. A key component of this dynamic is a commitment to the common goal of the patient's health, realized through joint interactivities and conversations over time. The physician's presence to the patient's suffering—understood best as an alienating phenomenological condition for the patient—orients and discloses possibilities for virtuous caregiving by structuring the meanings of the goals, conversations, and joint narrative constitutive of their relationship. Presence to suffering, paradoxically, is perhaps an important prerequisite for this dynamic partnership. These activities dialectically build an interpretive horizon of understanding through which moral goods and character refinement—in and for the other—may become revealed for both persons in their shared being-in-the-world. This analysis of suffering, mood, and revealing of (possible) moral goods has implications for addressing the modern problem of loneliness for patients and physicians, who are increasingly inhibited from building flourishing relationships with each other. (shrink)

Many real-world agents recognise that they impose harms by choosing to emit carbon, e.g., by flying. Yet many do so anyway, and then attempt to make things right by offsetting those harms. Such offsetters typically believe that, by offsetting, they change the deontic status of their behaviour, making an otherwise impermissible action permissible. Do they succeed in practice? Some philosophers have argued that they do, since their offsets appear to reverse the adverse effects of their emissions. But we show that (...) they do not. In practice, standard carbon offsetting does not reverse the harms of the original action, nor does it even benefit the same group as was harmed. Standard moral theories hence deny that such offsetting succeeds. Indeed, we show that any moral theory that allows offsetting in this setting faces a dilemma between allowing any wrong to be offset, no matter how grievous, and recognising an implausibly sharp discontinuity between offsettable actions and non-offsettable actions. The most plausible response is to accept that carbon offsetting fails to right our climate wrongs. (shrink)

This paper discusses the role of consent in decision making generally and its role in end of life decisions in particular. It outlines a conception of autonomy which explains and justifies the role of consent in decision making and criticises some misapplications of the idea of consent, particular the role of fictitious or “proxy” consents.Where the inevitable outcome of a decision must be that a human individual will die and where that individual is a person who can consent, then that (...) decision is ethical if and only if the individual consents. In very rare and extreme cases such a decision will be ethical in the absence of consent where it would be massively cruel not to end life in order to prevent suffering which is in no other way preventable.Where, however, the human individual is not a person, as is the case with abortion, the death of infants like Mary , or in the very rare and extreme cases of those who have ceased to be persons like Tony Bland, such decisions are governed by the ethics of ending the lives of non-persons. (shrink)

Remembering seems, to philosophers and scientists, one of the most mystifying of human activities. Yet natural language users have no problem understanding what is meant by ‘memory’. Memory is simply the ability to recall personally experienced events and certain kinds of information such as facts, names, or faces; or how to perform certain actions, like riding a bike or playing chess. It is on this basis that people sometimes make claims about themselves or others having a good or bad memory, (...) especially for things like names, numbers, or faces. Why then is memory such a mystery? Because, firstly, of its diversity: memory enables us to perform a plethora of different tasks, including the continuous interpretation of every moment of consciousness. Secondly, different forms of memory have different standards of accuracy, and often dramatically different criteria for success. (shrink)

Moderate scientism is the view that empirical science can help answer questions in nonscientific disciplines. In this paper, we evaluate moderate scientism in philosophy. We review several ways that science has contributed to research in epistemology, action theory, ethics, philosophy of language, and philosophy of mind. We also review several ways that science has contributed to our understanding of how philosophers make judgments and decisions. Based on this research, we conclude that the case for moderate philosophical scientism is strong: scientific (...) practice has promoted significant progress in philosophy and its further development should be welcomed and encouraged. (shrink)

Analysing film. Distinguishing the filmic contribution to meaning -- Examples of filmic "textual organisation" -- Redrawing boundaries -- Organisation of the book -- Semiotics and documents. Semiotics and its relations to film -- The nature of discourse semantics -- The film as cinematographic document -- A combined view: filmic documents for filmic discourse -- Constructing the semiotic mode of film. Semiotic multimodality -- The internal organisation of semiotic strata -- Composing and combining semiotic modes -- Materiality and "epistemological commitment" -- (...) Christian Metz and the grande syntagmatique of the image track. The original model -- Two examples of analysis with the grande syntagmatique -- Revisions and rebuttals -- Foundations for analysis: filmic units. The basic units of film: preliminaries -- Audiovisual iconic representations -- Perception, perceptual realism and reliable measurement -- Multiplicity: from perception to discourse -- Filmic units revisited: discourse-motivated definitions -- The paradigmatic organisation of film. Beyond Metz: towards a grande paradigmatique -- Capturing discourse dependency structures in film -- The paradigmatic dimensions of projection, taxis and plane -- Two examples of paradigmatic analysis -- Summary and conclusions. (shrink)

The reviews of this book which greeted its appearance in America, where it won a Catholic Press Association Religious Book Award, speak for themselves. 'The real core of the book is the question that is raised - the demanding bone-crushing question we all face - alone - at one time - the question of death/life and immortality. In these few pages we set out on a journey - one that winds its way among ancient stories and myths ... one's constant (...) disturbing companion is death - a reality that keeps breaking in upon our imes, our friends, our dreams and hopes and even our changing and becoming. The richness of the book lies in the questioning and some of the answers other men's times have given in attempt to live with this probing. We meet Kazantzakis, Homer, Melville, Hegel, Dante in their humanness in the face of death and in their timeless answers' (National Catholic Reporter). From the Protestant side, Martin Marty commented how John Dunne, 'perhaps the most intuitive and natively talented Catholic around, has cast a new spell', and The Critic remarked: 'As a meditation ought to be, it is simple and profound at once. And it is beautifully done, in some ways the richest of John Dunne's works.' All of which amounts to an invitation to join the author as he poses the timeless dilemma of the human condition and seeks to resolve it through stories of adventures, journeys and voyages inspired by man's encounter with death; stories of childhood, youth, manhood and age; and finally stories of God and of man wrestling with God and the unknown. (shrink)

John Dillon presents an English translation of Alcinous' Handbook of Platonism, accompanied by an introduction and a philosophical commentary which explain the ideas in the work and show their intellectual and historical context. The Handbook purports to be an introduction to the doctrines of Plato, but in fact gives us an excellent survey of Platonist thought in the second century AD.

E. S. de Beer>'s eight-volume edition of the correspondence of John Locke is a classic of modern scholarship. The intellectual range of the correspondence is universal, covering philosophy, theology, medicine, history, geography, economics, law, politics, travel and botany. This first volume covers the years 1650 to 1679.

Utilizing a contractualist framework for understanding the basis and limits for the use of force by police, this article offers five limiting principles—respect for status as moral agents, proportionality, minimum force necessary, ends likely to be accomplished, and appropriate motivation—and then discusses uses of force that violate or risk violating those principles. These include, but are not limited to, unseemly invasions, strip searches, perp walks, handcuffing practices, post-chase apprehensions, contempt-of-cop arrests, overuse of intermediate force measures, coerced confessions, profiling, stop and (...) frisk practices, and the administration of street justice. (shrink)

A great deal of fascinating research has gone into an attempt to uncover the fundamental criteria that people use when assigning moral responsibility. Nonetheless, it seems that most existing accounts fall prey to one counterexample or another. The underlying problem, we suggest, is that there simply isn't any single system of criteria that people apply in all cases of responsibility attribution. Instead, it appears that people use quite different criteria in different kinds of cases. [This paper was originally circulated under (...) the title 'Strawsonian Variations.']. (shrink)

Bu yazı organ nakli ile ilgili şu soruyu ele almaktadır: Doktorlar sağlıklı bir kişinin organlarını alarak organ nakline gereksinim duyan birden fazla kişinin yaşamını kurtarırlarsa ahlaksal açıdan yanlış bir şey yapmış olurlar mı? Her ne kadar sağlıklı bir insanın organlarını alarak onun ölümüne neden olmak kabul edilemez görünse de bunu yapmamanın daha çok sayıda kişinin ölümüne neden olacağı düşünülürse ortada araştırılmaya değer bir soru olduğu görülür.

Open‐ended tasks can be decomposed into the three levels of Newell's Cognitive Band: the Unit‐Task level, the Operation level, and the Deliberate‐Act level. We analyzed the video game Co‐op Space Fortress at these levels, reporting both the match of a cognitive model to subject behavior and the use of electroencephalogram (EEG) to track subject cognition. The Unit Task level in this game involves coordinating with a partner to kill a fortress. At this highest level of the Cognitive Band, there is (...) a good match between subject behavior and the model. The EEG signals were also strong enough to track when Unit Tasks succeeded or failed. The intermediate Operation level in this task involves legs of flight to achieve a kill. The EEG signals associated with these operations are much weaker than the signals associated with the Unit Tasks. Still, it was possible to reconstruct subject play with much better than chance success. There were significant differences in the leg behavior of subjects and models. Model behavior did not provide a good basis for interpreting a subject's behavior at this level. At the lowest Deliberate‐Act level, we observed overlapping key actions, which the model did not display. Such overlapping key actions also frustrated efforts to identify EEG signals of motor actions. We conclude that the Unit‐task level is the appropriate level both for understanding open‐ended tasks and for using EEG to track the performance of open‐ended tasks. (shrink)

Philosophy and Contemporary Issues contains contemporary readings of philosophical significance designed to introduce philosophy to college and university students. The authors' goal is to demonstrate how philosophy illuminates and helps solve some of the important problems facing contemporary man. This edition contains additional readings.

This paper discusses the provocative views of Skene and Parker as to the role of religious or other ideologically based interest groups in law and policy making. We draw distinctions between doctrine and prejudice and between argument and ideology which we trust take the debate further. Finally we recommend an ethereal, democratic, and populist partial solution.

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.This work is in the public domain in (...) the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

See collation, showing variants found in the early printed edition and some manuscripts. The corrected text following omits rejected variants and implements those that have been accepted.

Considéré en France comme un pédagogue "laxiste" voire "gauchiste", Dewey est présenté par certains philosophes nord-américains, Richard Rorty en particulier, comme un postmoderniste. C'est oublier que Dewey mit ses théories philosophiques à l'épreuve de l'école. Sa pédagogie reste aujourd'hui la théorie de l'éducation la plus actuelle.

One PANORAMA T, HE LIFE of Wittgenstein was quite different from the lives of most of those who later extolled him as perhaps the major philosopher of the ...