This paper examines a general political problem of how to balance the need for concentrated power in the hands of the state—which is needed for effective governance—against the egalitarian desire to equalize power. It distinguishes between ‘positive’ political power appropriately wielded by the state, and ‘negative’ power that individuals may use to protect their own activities and interests from excessive or illegitimate state action and argue for institutions and practices designed to equalize power by ‘leveling up’ the powerless to match (...) the strong. (shrink)

The relation between method, concept and theory in science is complicated. I seek to shed light on that relation by considering an instance of it in systematics: The additional challenges phylogeneticists face when reconstructing phylogeny not at a single level, but simultaneously at multiple levels of the hierarchy. How does this complicate the task of phylogenetic inference, and how might it inform and shape the conceptual foundations of phylogenetics? This offers a lens through which the interplay of method, theory and (...) concepts may be understood in systematics, which, in turn, provides data for a more general account. (shrink)

Presence as ordinarily understood requires spatio-temporal proximity. If however Christ’s presence in the Eucharist is understood in this way it would take a miracle to secure multiple location and an additional miracle to cover it up so that the presence of Christ where the Eucharist was celebrated made no empirical difference. And, while multiple location is logically possible, such metaphysical miracles—miracles of distinction without difference, which have no empirical import—are problematic. I propose an account of Eucharist according to which Christ (...) is indeed really and objectively present in the religiously required sense, without benefit of metaphysical miracles. According to the proposed account, which draws upon Searle’s discussion of “social ontology” in The Construction of Social Reality and The Making of the Social World, the presence of Christ in the Eucharist is an institutional fact. I argue that such an account satisfies the requirements for a real presence doctrine. (shrink)

The doctrine that Christ is really present in the Eucharist appears to entail that Christ's body is not only multiply located but present in different ways at different locations. Moreover, the doctrine poses an even more difficult meta-question: what makes a theological explanation of the Eucharist a ‘real presence’ account? Aquinas's defence of transubstantiation, perhaps the paradigmatic account, invokes Aristotelian metaphysics and the machinery of Scholastic philosophy. My aim is not to produce a ‘rational reconstruction’ of his analysis but rather (...) to suggest a metaphysically innocent alternative that will ‘save the phenomena’ of religious belief and practice.Send article to KindleTo send this article to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle. Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply. Find out more about the Kindle Personal Document Service.The real presenceVolume 49, Issue 1H. E. BABER DOI: https://doi.org/10.1017/S0034412512000121Your Kindle email address Please provide your Kindle [email protected]@kindle.com Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Dropbox To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox. The real presenceVolume 49, Issue 1H. E. BABER DOI: https://doi.org/10.1017/S0034412512000121Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Google Drive To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive. The real presenceVolume 49, Issue 1H. E. BABER DOI: https://doi.org/10.1017/S0034412512000121Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Export citation Request permission. (shrink)

Context: Francisco Varela and Humberto Maturana worked closely together for several short episodes and wrote joint publications during the 1970s and 1980s. After that their respective paths in life diverged. Problem: What is the common ground and what are the differences between these two authors with respect to their lives and aims? Method: The author reconstructs their common history in the form of personal reflections and conversations with Varela. Results: The personal reflections reveal the intellectual path Maturana took to develop (...) his way of thinking, in particular his fascination with explanatory processes and the phenomenon of life. The conversations with Varela portray him as a man of great “cognitive autonomy,” whose career started with the intention to study “psychism in the universe.” For Varela it seemed possible, through meditation, to reach transcendental reality as something that exists externally to the living of human beings and that can be known as such. Maturana, by contrast, claims that there is no way to refer to such a universal truth. Rather, human beings generate all the worlds they live in. Implications: While the two men collaborated in both teaching and writing, they eventually created two different constructivist approaches driven by a different set of questions. Constructivist content: Both Humberto Maturana and Francisco Varela have decisively contributed to constructivist approaches. (shrink)

This essay investigates the demands on adult children to provide care for their elderly/ill parents from a socio-moral perspective. In order to narrow the examination, the question pursued here is agent-relative: What social and moral complexities are involved for the adult child when her parent(s) need care? First, this article examines our society’s expectation that adult children are morally obligated to provide care for their parents. Second, the essay articulates how transgressing against this normative expectation can inure significant moral criticism. (...) The final sections present these tensions within the context of disability. (shrink)

The traditional Dung networks depict arguments as atomic and study the relationships of attack between them. This can be generalised in two ways. One is to consider various forms of attack, support, feedback, etc. Another is to add content to nodes and put there not just atomic arguments but more structure, e.g. proofs in some logic or simply just formulas from a richer language. This paper offers to use temporal and modal language formulas to represent arguments in the nodes of (...) a network. The suitable semantics for such networks is Kripke semantics. We also introduce a new key concept of usability of an argument. This is the beginning of a continuing research for adding contents to the nodes of an argumentation network. This research will allow us to address notions like ?what does it exactly mean for a node to attack another? or ?what does it mean for a network to be consistent? or ?can we give proper proof rules to manipulate networks?, and more. (shrink)

The International Classification of Functioning, Disability and Health (ICF), designed by the WHO, attempts to provide a holistic model of functioning and disability by integrating a medical model with a social one. The aim of this article is to analyze the ICF’s claim to holism. The following components of the ICF’s complexity are analyzed: (1) health condition, (2) body functions and structures, (3) activity, (4) participation, (5) environmental factors, (6) personal factors, and (7) health. Although the ICF claims to be (...) holistic, it presupposes a monistic materialistic ontology. We indicate some limitations of this ontology, proposing instead: (a) a pluralistic–holistic ontology (PHO) and (b) a multidimensional view of the human being, with individual and environmental aspects, in relation to three levels of reality implied by the PHO. For the ICF to attain its holistic claim, the interactions between its components should be based on (a) and (b). (shrink)

A complex interaction of ideological, financial, social, and moral factors makes the financial sustainability of health care systems a challenge across the world. One difficulty is that some of the moral commitments of some health care systems collide with reality. In particular, commitments to equality in access to health care and to fair equality of opportunity undergird an unachievable promise, namely, to provide all with the best of basic health care. In addition, commitments to fair equality of opportunity are in (...) tension with the existence of families, because families are aimed at advantaging their own members in preference to others. Because the social-democratic state is committed to fair equality of opportunity, it offers a web of publicly funded entitlements that make it easier for persons to exit the family and to have children outside of marriage. In the United States, in 2008, 41% of children were born outside of wedlock, whereas, in 1940, the percentage was only 3.8%, and in 1960, 5%, with the further consequence that the social and financial capital generated through families, which aids in supporting health care in families, is diminished. In order to explore the challenge of creating a sustainable health care system that also supports the traditional family, the claims made for fair equality of opportunity in health care are critically reconsidered. This is done by engaging the expository device of John Rawls’s original position, but with a thin theory of the good that is substantively different from that of Rawls, one that supports a health care system built around significant copayments, financial counseling, and compulsory savings, with a special focus on enhancing the financial and social capital of the family. This radical recasting of Rawls, which draws inspiration from Singapore, is undertaken as a heuristic to aid in articulating an approach to health care allocation that can lead past the difficulties of social-democratic policy. (shrink)

This article focuses on maternal-fetal surgery (MFS) and on the concept of clinical equipoise that is a widely accepted requirement for conducting randomized controlled trials (RCT). There are at least three reasons why equipoise is unsuitable for MFS. First, the concept is based on a misconception about the nature of clinical research and the status of research subjects. Second, given that it is not clear who the research subject/s in MFS is/are, if clinical equipoise is to be used as a (...) criterion to test the ethical appropriateness of RCT, its meaning should be unambiguous. Third, because of the multidisciplinary character of MFS, it is not clear who should be in equipoise. As a result, we lack an adequate criterion for the ethical review of MFS protocols. In our account, which is based on Chervenak and McCullough's seminal work in the field of obstetric ethics, equipoise is abandoned. and RCT involving MFS can be ethically initiated when a multidisciplinary ethics review board (ERB), having an evidence-based assessment of the risks involved, is convinced that the value of answering the research hypothesis, for the sake of the health interests of future pregnant women carrying fetuses with certain congenital birth defects, justifies the actual risks research participants might suffer within a set limit of low/manageable. (shrink)

Birth, suffering, disability, disease and death were by medicine's successes placed within a context of seemingly novel challenges that cried out for new responses. Secular bioethics rose in response to the demands of these new biomedical technologies in the context of a culture fragmented in moral pluralism. While secular bioethics promised to unite persons separated by diverse religious and moral assumption, this is a promise that could not be fulfilled. Reason alone cannot provide canonical, content-full moral guidance or justify a (...) moral community capable of binding all persons. Christian bioethics, as part of a way of life embedded in authentic worship, offers content, meaning and understanding where secular bioethics has failed. For Christians, resolution of bioethical controversies will not be found through appeals to foundational rational arguments or isolated scriptural quotations, but only in a Christian community united in authentic faith. (shrink)

Recent studies show that the current punitive approach to bullying, in the form of zero-tolerance policies, is ineffective in reducing bullying and school violence. Despite this significant finding, anti-bullying legislation is increasing. The authors argue that these policies are not only ineffective but that they are also unjust, harmful, and stigmatizing. They advocate a broader integrative approach to bullying programs that includes both victims and bullies.

Peirce claims in his Lectures on Pragmatism [CP 5.196] that “If you carefully consider the question of pragmatism you will see that it is nothing else than the question of the logic of abduction;” and further “no effect of pragmatism which is consequent upon its effect on abduction can go to show that pragmatism is anything more than a doctrine concerning the logic of abduction.” Plausibly, there is, at best, a quasi-logic of abduction, which properly issues in our best means (...) for the methodological evaluation and ordering of (yet untested) hypotheses or theories. There is always a range of explanatory innovations that may be proposed, from more conservative to less conservative; and it is important, in light of what Peirce has to say on the relation of abduction to pragmatism, that in ruling out “wild guessing,” attention be initially directed to more conservative proposals. Still conservatism, which we might understand in terms of Peircean continuity, is sometimes justly sacrificed for greater comprehension or overall simplicity of approach. This paper explores the relationships among Peircean abduction and pragmatism, the “theoretical virtues” approach to the evaluation of hypotheses, and contextual constraint on the scientific imagination. (shrink)

In Legality Scott Shapiro seeks to provide the motivation for the development of his own elaborate account of law by undertaking a critique of H.L.A. Hart's jurisprudential theory. Hart maintained that every legal system is underlain by a rule of recognition through which officials of the system identify the norms that belong to the system as laws. Shapiro argues that Hart's remarks on the rule of recognition are confused and that his model of lawis consequently untenable. Shapiro contends that a (...) new approach is vital for progress in the philosophy of law and, with his lengthy presentation of his own Planning Theory of Law, he aspires to pioneer just such an approach. Except for a very terse observation in the final main section, this article does not directly assess the strengths and shortcomings of Shapiro's piquant planning theory. Instead, I defend Hart against Shapiro's charges and thereby undermine the motivation for the development of the planning theory. (shrink)

Being a Christian involves metaphysical, epistemological, and social commitments that set Christians at variance with the dominant secular culture. Because Christianity is not syncretical, but proclaims the unique truth of its revelation, Christians will inevitably be placed in some degree of conflict with secular health care institutions. Because being Christian involves a life of holiness, not merely living justly or morally, Christians will also be in conflict with the ethos of many contemporary Christian health care institutions which have abandoned a (...) commitment to Christian spirituality. In this regard, managed care raises the special question of how Christian institutions can act morally under financial constraints and maintain their character while under the control of secular managers. This question itself raises the further question as to why health care institutions need even pose this query when there are Christian physicians and nurses who could work for less, or Christian men and women who could become sisters and brothers and work for nothing. Contemporary challenges to Christians to maintain their integrity in a post-Christian world have much of their force because Christians have failed to maintain traditional Christian spirituality. In the face of that failure, Christian physicians and nurses will find themselves in greater conflict with health care institutions, because few will any longer understand the requirements of traditional Christianity. In its place, they will have put a generic spirituality, a value-neutral understanding of the role of the health professional, and an anonymous commitment to social justice. (shrink)

This paper focuses on abduction as explicit or readily formulatable inference to possible explanatory hypotheses--as contrasted with inference to conceptual innovations or abductive logic as a cycle of hypotheses, deduction of consequences and inductive testing. Inference to an explanation is often a matter of projection or extrapolation of elements of accepted theory for the solution of outstanding problems in particular domains of inquiry. I say "projections or extrapolation" of accepted theory, but I mean to point to something broader and suggest (...) how elements of accepted theory constrain emergent models and plausible inferences to explanations--in a quasi-rationalist fashion. I draw on illustrations from quantum gravity below just because there is so little direct evidence available in the field. It is in such cases that Peirce's discussions of abductive inference provide the most plausible support for the idea of a logic of abduction--as inference to readily formulatable explanatory hypotheses. The possible need for conceptual innovation points to the limits on the possibility of a logic of abduction of a more rationalistic character--selecting uniquely superior explanations. Abduction conceived as a repeated cycle of inquiry also points to limits on our expectations for an abductive logic. My chief point is that the character of inference to an explanation, viewed below as embedded within arguments from analogy, is so little compelling, as a matter of logical form alone, that there will always be a pluralism of plausible alternatives among untested hypotheses and inferences to them--calling for some comparative evaluation. This point leads on to some consideration of the virtues of hypotheses--as a description of the range of this pluralism. (shrink)

Open peer commentary on the article “Between Realism and Constructivism? Luhmann’s Ambivalent Epistemological Standpoint” by Armin Scholl. Upshot: One of the key aspects of constructivism is the role of the observer. As Scholl shows in his article, Luhmann shares this perspective, and beyond that opens up the concept of observation by transferring it from the micro level of individuals to the macro level of society. Luhmann goes even further by stating that all autopoietic and self-referential systems, i.e., all living, psychic, (...) and social systems, can observe, leaving an anthropological view behind. With this, the question of the “who” in “who observes” gains new insights that, surprisingly, touch on one of the central research questions in quantum physics. (shrink)

Rather than revealing itself as a single, unified, ecumenical faith, Christianity is sundered with Christians united neither in one communion nor in one baptism. Christian Bioethics seeks to examine the traditional content-full moral commitments which the Christian faiths bring to life, sexuality, suffering, illness and death within the contexts of medicine and health care. Seeking to understand the differences which separate the bioethics of Roman Catholics, Protestants, and the Orthodox, Christian Bioethics explores the manners in which the faiths diverge. The (...) failure of the Enlightenment project to disclose a content-full communality that would bind mankind has left much to be reconsidered by Christians who face new ethical dilemmas in the novel guise of advances in health care technologies. (shrink)