Flora Levin explores how and why music was so important to the ancient Greeks. She examines the distinctions that they drew between the theory of music as an art ruled by number and the theory wherein number is held to be ruled by the art of music. These perspectives generated more expansive theories, particularly the idea that the cosmos is a mirror-image of music's structural elements and, conversely, that music by virtue of its cosmic elements - time, motion, (...) and the continuum - is itself a mirror-image of the cosmos. These opposing perspectives gave rise to two opposing schools of thought, the Pythagorean and the Aristoxenian. Levin argues that the clash between these two schools could never be reconciled. Her book shows how the Greeks' appreciation of the profundity of music's interconnections with philosophy, mathematics, and logic led to groundbreaking intellectual achievements that no civilisation has ever matched. (shrink)

I offer a new interpretation of Heidegger’s analysis of anxiety in Being and Time as an account of the relationship between individual agents and the public normative practices of their communities. According to a prominent recent interpretation, Heidegger’s discussions of anxiety, death and the “call of conscience” together explain how we can respond to the norms of our practices as reasons and subject them to critical reflection. I argue that this is only part of the story. Anxiety is an occasion (...) for Dasein to take responsibility for its ongoing activity of interpreting the possibilities for living and acting made available by the normative practices of its community, which is presupposed and overlooked from the perspective of everyday Dasein. Public normativity underdetermines Dasein’s conception of what it would mean to take up any of the possibilities available in its world as a way of living its own life. (shrink)

O presente artigo objetivou relacionar dois teóricos que, conquanto pertencessem a momentos históricos distintos, suas ideias guardam relação e compõem a trajetória do pensamento jurídico e político da Modernidade; um, figurando como um precursor; o outro, como representante do ápice do positivismo jurídico moderno. A partir da análise dos pontos de encontro entre tais teorias, é possível refletir, de forma mais ampla, sobre a autoridade e coação do Estado exercidas pela sanção diante das tendências do pensamento jurídico atual, denominadas pós (...) positivistas. (shrink)

A selection of speeches and essays from the author's second decade as president of Yale University.

British equality law protections for sex and gender reassignment have grown fraught as activists tussle over legal and social categories of gender, gender transitioning, and sex. This article considers the future of gender-related equality protections in relation to ‘decertification’—an imagined reform that would detach sex and gender from legal personhood. One criticism of decertification is that de-formalising gender membership would undermine equality law protections. This article explores how gender-based equality law could operate in conditions of decertification, drawing on legal thoughtways (...) developed for two other protected characteristics in equality law—religion and belief, and disability—to explore the legal responses and imaginaries that these two grounds make available. Religious equality law focuses on beliefs, communities, and practices, deemed to be stable, multivarious, and subject to deep personal commitment. Disability equality law focuses on embodied disadvantage, approached as social, relational, and fluctuating. While these two equality frameworks have considerable limitations, they offer legal thoughtways for gender oriented to both its hierarchies and its expression, including as disavowal. (shrink)

This article considers what the implications of decertification would be for single-sex services such as domestic and sexual violence support. Some reform options attached to decertification could (re)allocate authority away from the state to organisations or individuals to determine gender criteria. What would the consequences of such re-allocation be in determining eligibility to receive or access services or excluding people on the basis of a characteristic protected under equality law? Engaging with this in the context of domestic and sexual violence (...) support service provision raises a number of questions. Firstly, does the existence of gender-based violence and/or of the effects it produces require a stable category in order to address them? What benefits may emerge from providing single-sex spaces that could not be replicated in other settings? And finally, what criteria of exclusion and inclusion are currently used to determine access to spaces beyond legal gender status? (shrink)

Darwin in Argentina -- Conflicting Systems -- Francisco Javier Muniz (1795-1871) -- Hermann Burmeister (1807-1891) -- Francisco P. Moreno (1852-1919) -- Domingo F. Sarmiento (1811-1888) -- Eduardo Holmberg (1852-1937) -- Florentino Ameghino (1854-1911) -- Jose Ingenieros (1877-1925) -- Carlos Octavio Bunge (1875-1918).

In this book, Dr. Robert J. Levine reviews federal regulations, ethical analysis, and case studies in an attempt to answer these questions.

Darwin the writer -- Learning to see : Darwin's prophetic apprenticeship on the Beagle voyage -- The prose of On the origin of species -- Surprise and paradox : Darwin's artful legacy -- Darwinian mind and Wildean paradox -- Hardy's Woodlanders and the Darwinian grotesque -- Coda : the comic Darwin.

If Savulescu and Kahane’s Principle of Procreative Beneficence were implemented regarding cognitive enhancement, the result would be highly impoverishing for future children. For, apart from being inadequate to rationality itself, advocates’ accounts of cognitive enhancement sever reason from the input to judgments and decision-making that other faculties provide. When handling desire, supporters of cognitive enhancement frame conflicts between reason and the nonrational in terms of self-governance or akratic failure, depending on which one triumphs. Further, so-called negative emotions are treated as (...) simply deleterious and hostile to the rational. Alliances of the nonrational with reason toward shared ends are hence unthinkable. Having critiqued advocates’ views directly, I amplify my assessment through engagement with Aristotle’s Nicomachean Ethics. Per Savulescu and Kahane, to know how to direct enhancement endeavors, “we need to form reasonable opinions on difficult questions about the nature of well-being and the good life.” Thus far, however, enhancement supporters have been largely silent on this crucial matter. Because the debate over enhancement is ultimately over what values our views of flourishing embody, it should be recast so that this crux is squarely at the fore. What is more, for our own and our children’s sakes, as we embark on this reframing, we would do well to bear in mind Aristotle’s insights about the nonrational in relation to reason and his unwavering focus on the human “that for the sake of which” (hou heneka) all that we do is, perforce, undertaken. (shrink)

How we assess current calls for vigorous, or “radical”, enhancement through befitting procreative choices depends in part on the plausibility of supporters’ rejecting all substantive ties between their views and earlier eugenics. When denying such connections, today’s advocates of vigorous enhancement routinely emphasize that enhancement decisions would stem from individuals and families, not the state. In a multipronged critique, I show the untenability of transhumanists’ denials.

While defending the principle of non-contradiction in Metaphysics 4, Aristotle argues that the Measure Doctrine of Protagoras is equivalent to the claim that all contradictions are true; given all appearances are true (as the Protagorean maintains), anytime people disagree we get a true contradiction. This argument seems clearly invalid: nothing guarantees that actual disagreement occurs over every matter of fact. The argument in fact works perfectly, I propose, because the Protagorean view falls prey to a version of Fitch's “paradox” of (...) knowability. The proposed reading shows how Aristotle treats the Protagorean view at issue as an epistemic theory of truth distinct from the mere claim that all appearances are true (which other opponents put forward on different grounds) and reveals Aristotle's underlying concern with the modal collapse of possibility into actuality. The revised Protagorean view Aristotle confronts in a subsequent chapter is furthermore best understood as an attempt to avoid this Fitch-style result. (shrink)

We have far less evidence for Aristotle’s reception of Protagoras than we like to think, and the evidence we do have is somewhere we hardly ever look. With one exception, every reference Aristotle makes to the Measure Doctrine—Protagoras’ claim that humans are the ‘measure of all things —concerns the Doctrine as amplified in Plato’s Theaetetus, and the ‘Protagoras’ in question is Plato’s fictional character as fictional. Metaph. I 1, 1053a35–b3 provides the only exception, where Aristotle offers an anomalous reading of (...) the Doctrine incompatible with the others. The chapter interprets I 1, 1053a35–b3 and concludes that Aristotle attributes the anomalous reading to Protagoras himself. The chapter argues further that every other reference to the Doctrine derives from the Theaetetus. Aristotle formulates ‘the theory of Protagoras’ according to Plato’s self-refutation argument, and his argument that it denies the Principle of Non-contradiction includes premisses from Plato’s argument that are out of place in Aristotle’s own. He moreover attributes to ‘Protagoras’ arguments and dialectical demands that the fictional Protagoras makes in his so-called ‘apology’, so his target is specifically a Platonic invention and not the historical person. This leaves only Metaph. I 1 1053a35–b3 to join his six other references to the historical Protagoras, which makes it Aristotle’s only engagement with the Measure Doctrine as the actual view of his predecessor. (shrink)

I consider the question of what moral obligations prospective parents owe to their future children. It is taken as an almost axiomatic premise of a wide range of philosophical arguments that prospective parents have a moral obligation to take such steps as ensuring their own financial stability or waiting until they are emotionally mature before conceiving. This is because it is assumed that parents have a moral obligation to lay the groundwork for their children's lives to go well. While at (...) first glance such a premise seems benign, I will argue that when it is applied to arguments in assisted reproductive technology, as it is in Julian Savulescu's procreative beneficence argument or as it is in Daniel Groll's recent argument for open gamete donation, we see problems with this premise. Problems in Groll's argument also become apparent when it is scrutinized in connection with this premise. (shrink)

The ability to exchange samples and data is crucial for the rapidly growth of biobanking. However, sharing is based on the assumption that the donor has given consent to a given use of her or his sample. Biobanking stakeholders, therefore, must choose 1 of 3 options: obtain general consent enabling multiple future uses before taking a sample from the donor, try to obtain consent again before sharing a previously obtained sample, or look for a legally endorsed way to share a (...) sample without the donor's consent. In this study, we present the results of 36 semistructured qualitative interviews with Swiss biobanking stakeholders regarding these options and the role of ethics committees in the process of authorizing sharing. Our results show that despite a lack of legal or guideline-based barriers to general consent, some stakeholders and ethics committees have reservations about this method of consent. In most cases, however, a general consent form is already in use. Many interviewees describe processes involving the ethics committees as time-consuming and cumbersome and their requirements as too demanding for donors/patients. Greater awareness of donors' opinions and preferences and the content of guidelines and recommendations could therefore be helpful for a better justified perspective of biobanking stakeholders and ethical committee members, equally. Finally, it may be necessary to differentiate between procedures governing future samples, where general consent is clearly desirable, and the use of old yet still relevant samples, where the option of using them without consent can be highly beneficial for research. (shrink)

Background: Multi-collaborator research is increasingly becoming the norm in the field of biomedicine. With this trend comes the imperative to award recognition to all those who contribute to a study; however, there is a gap in the current “gold standard” in authorship guidelines with regards to the efforts of those who provide high quality biosamples and data, yet do not play a role in the intellectual development of the final publication. -/- Methods and findings: We carried out interviews with 36 (...) individuals working in, or with links to, biobanks in Switzerland, in order to understand how they interpret, apply and value authorship criteria in studies involving biosamples. The majority of respondents feel that authorship is an important motivating factor in working and publishing collaboratively. However, our findings suggest that in some cases, authorship guidelines are being ignored in favor of departmental standards which recognize “scientific work” as meriting authorship. -/- Conclusions: Our results support the current calls in the literature for an alternative method of crediting biomaterial contributions, in order to ensure appropriate authorship inclusion and promote collaborative research involving biobanks. (shrink)

In many spheres, the law takes the legal concept of causation to correspond to the folk concept (the correspondence assumption). Courts, including the US Supreme Court, tend to insist on the "common understanding" and that which is "natural to say" (Burrage v. United States) when it comes to expressions relating to causation, and frequently refuse to clarify the expression to juries. As recent work in psychology and experimental philosophy has uncovered, lay attributions of causation are susceptible to a great number (...) of unexpected factors, some of which seem rather peripheral to causation. One of those is the norm effect (Knobe & Fraser, 2008): Agents who, in acting as they do, break a salient norm, are more likely to be considered as having caused a certain consequence than when they do not violate a norm. According to some (e.g., Alicke, 1992) this constitutes a bias. According to others (e.g., Sytsma, 2020), the folk concept of causation is sensitive to normative factors, and there’s nothing wrong with that. In this paper, we explore the question whether the norm effect should be considered a bias from the legal perspective on the one hand, and from the psychological perspective on the other. To do this, we test whether norms which are nonpertinent to the consequences or outright silly also impact causation judgements. The data from two preregistered experiments (total N=593) clearly show they do. This, we argue, makes the bias interpretation plausible from the psychological perspective, and both plausible and problematic from the legal perspective. It also shows that the law should abstain from unreflectively assuming conceptual correspondence between legal and ordinary language concepts. (shrink)

Pourquoi les lecteurs du Contrat social devraient-ils s’intéresser au chapitre consacré aux comices romains? Dans ce texte encore souvent négligé, à tort, Rousseau s’appuie sur les sources historiques les plus fiables de son temps, notamment Carlo Sigonio, pour se confronter à un problème central de sa philosophie politique : la mise en pratique durable et effective de l’intérêt commun. En termes moins théoriques, il pose une question toujours d’actualité : comment le peuple peut-il participer à la vie publique? Et comment (...) cette intervention populaire dans la politique peut-elle s’effectuer de manière à garantir le maintien d’un gouvernement républicain, c’est-à-dire non assujetti à des intérêts particuliers? Lire ce chapitre à la lumière du récent ouvrage Res publica permet d’en voir encore plus nettement les enjeux théoriques, du fait des convergences saisissantes que l’on peut remarquer entre l’analyse de Rousseau et celle de Claudia Moatti. L’article étudie notamment les occurrences de l’expression « chose publique » dans le Contrat social afin d’éclairer la coexistence de deux conceptions distinctes de la « république » chez Rousseau, l’une définie principalement par le droit de vote des citoyens, l’autre par l’impératif de défendre l’État. Or, ces deux visions correspondent à l’antagonisme que Claudia Moatti observe dans l’histoire romaine. Étudier aujourd’hui l’usage de l’histoire ancienne dans la pensée politique de Rousseau, c’est poser la question toujours actuelle de la compatibilité possible entre ces deux idées de la République. (shrink)

Marx's Rebellion Against Lenin is a representative of the contemporary revitalization of the thought of Marx. It fulfils this task in three ways. First, it overthrows the dialectical materialism of Engels and of Stalinist Bolshevism by exploring 18th century historical thought and illustrating how these Enlightenment historians and political theorists first explored method of historical explanation that were later adopted by Marx. It is shown that contrary to the theory of Stalinist Bolshevism, Hegel was a vital influence on Marx. Second, (...) Levine's book represents Marx as an exponent of Classical Humanism. Marx did not define communism as a form of materialism, as economic egalitarianism, but rather related communism to the Classical ethics of Aristotle, to the Aristotelian ideas of polis citizenship and the ethics of distributive justice. Third, it is argued that the 17th and 18th Century Enlightenment was not simply a liberal center extolling property, individual rights and capitalism. Instead it is shown that the 17th and 18th century Enlightenment was divided between an Enlightenment Center and an Enlightenment Left, with the Enlightenment Left challenging the domination of capitalism and private property. Marx's Rebellion Against Lenin traces the flow of the theories of the Enlightenment Left into Marx and in doing so liberates Marxist thought from its imprisonment in 19th century materialism and relocates it within the traditions of Classical Humanism. (shrink)

A number of imposing problems now have our best minds in thrall. These include questions regarding the unity or plurality of the races of Man, whether his creation ought to be dated thousands of years or thousands of centuries past, whether species are fixed, or rather undergo a slow, progressive transformation into new species, how supposedly eternal matter relates to the nothingness outside of it, and whether the idea of God is useless. These are just a few of the issues (...) now subject to learned debate. You need, however, have no fear that my address tonight has any pretensions toward resolving any one of these earnest questions. But in the neighborhood of such mysteries lies another question, more or less closely related, to which I may, perhaps, venture to direct your attention; for its complexities, which I have made the object of concerted and conscientious study, are accessible to experiment. This is the question of what we call "spontaneous generations." Mightn't matter, perhaps, organize itself? Or posed differently, mightn't creatures enter the world without parents, without forebears? This is the question I seek to resolve. (shrink)

In this chapter, the author shows that the affinity between the two thinkers is far greater than interpreters like Farrell allow. He focuses on evaluating the argument that Richard Rorty is not able to get past the dichotomies ‐ although he will have cause to comment on the first one as well. In the context of a continued anti‐representationalism, Rorty comes to admit that there is a “truth in realism” and that our relations to the world are not just causal (...) but also normative. The author argues that with these admissions Rorty comes to articulate a view that can, with some plausibility, be said to have gotten beyond the dichotomies of scheme and content, subject and object, and realism and antirealism. D. Davidson agrees with Rorty that truth is not definable by simpler and more transparent concepts. Davidson has a pronged attack on the concept of representation. (shrink)

Biobanks are essential tools for furthering a broad range of medical research areas. However, despite the plethora of national and international laws and guidelines which apply to them, the access and sharing policies of biobanks are only sparsely addressed by regulatory bodies. The ‘give and take’ process of biosample sharing is largely left up to biobank stakeholders themselves to oversee; it is therefore both in stakeholders' power, and in their interest, to ensure that sample accessibility is fair. This is an (...) important step in motivating researchers to collaborate and pool samples, and is crucial to fostering trust in the absence of universally accepted standard practices. To date, little attention has been paid to how fairness considerations affect scientific material sharing, and no empirical research has been carried out to determine the role that fairness plays in collaborative studies. In order to begin to gain understanding in this area, we interviewed 36 biobank stakeholders currently working in Switzerland, focusing on their perceptions of current and optimal fair sharing practices. Our findings reveal that fairness is an important feature of exchange situations for these stakeholders, and that they have well-formed notions about the practical elements of fair sample access, although ideas about the concept of fairness itself are vague. In order to support efforts to network biobanks, attention should be paid to this issue to reassure all involved that they are getting a fair share in their cooperative efforts. (shrink)

This article considers a postcolonial approach to comparative philosophy of education as comprising four key features: ethnography, translation, hybridity, and critique. This conception of comparative philosophy of education is first located in the postcolonial context that demands sensitivity to the ongoing dangers of orientalism. Each of these four identified aspects of comparative philosophy of education is illustrated with reference to the comparative work of a prominent contemporary Chinese philosopher, Zehou Li (李泽厚). It concludes with some observations about the challenges that (...) face a postcolonial comparative philosophy of education. (shrink)

In Switzerland, research with identifiable human tissue samples, and/or its accompanying data, must be approved by a research ethics committee before it can be allowed to take place. However, as the demand for such tissue has rapidly increased in recent years, and biobanks have been created to meet these needs, committees have had to deal with a growing number of such demands. Detailed instructions for evaluating every kind of tissue request are scarce. Committees charged with evaluating research protocols therefore sometimes (...) face uncertainty in their decision-making. We examine how a pool of Swiss REC members deal with a number of cases involving human tissue, in order to determine the standards they adhere to, and their understanding and implementation of existing laws and guidelines. There is considerable divergence in the approaches and decisions of Swiss REC members regarding human tissue sample requests, particularly concerning the issue of informed consent. Despite recent trends towards less strict consent requirements for biosample research, many of our respondents continue to employ demanding standards for researchers. The question of informed consent, and the circumstances in which it is required, continues to result in differences of opinion. While room for local and cultural interpretation is essential to the workings of an REC, misunderstanding of existing guidelines, or an absence of regulation in sensitive areas, will only lead to suboptimal functioning of the REC itself. Our data suggests that there is uncertainty and disagreement on the question of consent for human tissue sample, which existing laws and guidelines may not fully clarify. Methods to address these uncertainties should be implemented in order to ensure efficient and harmonious review of research protocols. (shrink)

Les enfants atteints d’une aplasie d’oreille congénitale peuvent, en préadolescence, recourir à une chirurgie plastique reconstructrice, organisée en deux temps opératoires (technique de Nagata). Si l’aplasie est constitutive de l’image du visage dans le miroir, le self de l’enfant peut en être affecté, voire altéré. L’article souligne ainsi l’intérêt que constitue l’entretien clinique en amont d’une éventuelle chirurgie. La perspective de l’intervention en elle-même ne garantit pas la satisfaction du désir de réparation ; il semble nécessaire qu’un travail de conflictualisation (...) se mette en place du côté du préadolescent comme de ses parents. (shrink)

Pour répondre aux problématiques engendrées par la diffusion de plus en plus massive des corpus linguistiques et à l’hétérogénéité de leurs formats, nous proposons une méthode permettant de prendre en main des corpus langagiers oraux et de les convertir dans un format permettant leur exploitation outillée. Pour cette recherche, le corpus ESLO nous sert d’exemple par sa licence de diffusion, son format, son volume et ses atouts sociolinguistiques et diachroniques. Notre travail se fonde sur la compilation de ce corpus pour (...) le rendre compatible avec l’outil de textométrie TXM. Nous opérons un ensemble de transformations des données pour l’utiliser au mieux. Enfin, pour illustrer les apports de ces avancées méthodologiques, nous proposons une analyse fine et multidimensionnelle de l’usage des interrogatives dans le corpus ESLO. (shrink)

It has come to our attention that in the original article [1] information regarding dates was omitted. The data in this study were obtained in Switzerland four years before the entering into force of the new Swiss Human Research Act in 2014, when the guidelines of the Swiss Academy of Medical Sciences ceased to apply. It is important for readers to know that at the time of the study there was no binding law in Switzerland, only the more open SAMS (...) guidelines that have a different legal status. We would expect to find less variation of opinions among research ethics committee members if the study were repeated after the federal law came into force. (shrink)

Although never an easy feat, tracing the connections between sounds, spaces and objects becomes easier the higher up the social scale one goes in the Early Modern period. The survival of documentary and material evidence helps to identify musical repertories that were known to have been performed in specific spaces on particular instruments. Given the lack of comparative sources at lower social levels, is it possible to establish relationships between these three elements in non-courtly contexts? This chapter considers non-courtly ‘music-rooms’, (...) addressing how practical material and conceptual motivations forged links between music and domestic space in this period. It goes on to examine broader, perhaps unexpected, connections between musical sound and the material culture of the Early Modern domestic interior. (shrink)