Hastings Center Report, Volume 52, Issue S1, Page S83-S88, March‐April 2022.

"One of the outstanding authorities on the early days of the Republic, Saul K. Padover offers in this volume a generous sampling of the letters, essays, speeches, discourses, and personal documents--many of them previously unpublished--of the men who made America. Included are extensive selections from the papers and speeches of John Adams, Benjamin Franklin, Alexander Hamilton, Thomas Jefferson, James Madison, and George Washington. There are also copious extracts from the private and public utterances of secondary, but important, figures (...) of the founding days--Samuel Adams, Elbridge Gerry, Patrick Henry, John Dickinson, Oliver Ellsworth, William Paterson, Benjamin Rush, George Wythe, and many others. A number of the speeches made at the Constitutional Convention in 1787 are given in full, and several of the important debates are reproduced. John Dickinson's Letters from an American Farmer in Pennsylvania appear in these pages as well as many of Alexander Hamilton's famous and brief opinions. Also included are John Hancock's speech on the Boston Massacre; Thomas Jefferson's Notes on Virginia; James Madison's Memorial against Religious Assessments; two of the most important of John Marshall's Supreme Court decisions (Marbury vs. Madison and McCulloch vs. Maryland); Robert Morris' Letters on Finance; John Taylor's paper On Aristocracy, and William Paterson's Plan for a Constitution. Taken together, these writings offer in one volume a complete picture of the thinking, the debate, the legal maneuvers, the compromises, the manners, and the morals of the American nation's earliest days. The book provides a sound basic appreciation of the atmosphere in which the Founding Fathers worked and planned and debated with one another. All the many counter-currents that contributed to the building of the Constitution, the stresses to which the young nation was subjected, the rebellion that continued to seethe, the moral climate of the days--these are all recreated in the speeches and writings of America's first patriots. Dr. Padover has bound the selections together with enlightening commentary that enables the reader to understand the exact circumstances of each utterance and brings the particular work into historical perspective."--Jacket. (shrink)

A collection of articles on the the principles of social justice from an Australian Catholic perspective. Contents: Forward (Archbishop Philip Wilson), Introduction (James Franklin), The right to life (James Franklin), The right to serve and worship God in public and private (John Sharpe), The right to religious formation (Richard Rymarz), The right to personal liberty under just law (Michael Casey), The right to equal protection of just law regardless of sex, nationality, colour or creed (Sam Gregg), The right (...) to freedom of expression (Damian Grace), The right to choose and freely maintain a state of life, married or single, lay or religious (Marita Winters), The right to education (Anthony Cleary), The right to petition government for the redress of grievances (Paul Russell), The right to a nationality (Andrew Hamilton), The right to have access to the means of livelihood, by migration when necessary (Brenda Hubber), The right of association and peaceful assembly (Michael Hogan), The right to work and choose one's occupation (Ian Blandthorn), The right to personal ownership, use and disposal of property subject to the right of others (Brian Coman), The right to a living wage (Garrick Small), The right to collective bargaining (Keith Harvey), The right to associate by industries and professions to obtain economic justice (Henrik Jurisevic), The right to assistance from society, if necessary from the State, in distress of persons and family (Catherine Althaus), Afterword (James Franklin). (shrink)

Whether or not quantum physics can account for molecular structure is a matter of considerable controversy. Three of the problems raised in this regard are the problems of molecular structure. We argue that these problems are just special cases of the measurement problem of quantum mechanics: insofar as the measurement problem is solved, the problems of molecular structure are resolved as well. In addition, we explore one consequence of our argument: that claims about the reduction or emergence of molecular structure (...) cannot be settled independently of the choice of a particular resolution to the measurement problem. Specifically, we consider how three standard putative solutions to the measurement problem inform our under- standing of a molecule in isolation, as well as of chemistry’s relation to quantum physics. (shrink)

A polemical account of Australian philosophy up to 2003, emphasising its unique aspects (such as commitment to realism) and the connections between philosophers' views and their lives. Topics include early idealism, the dominance of John Anderson in Sydney, the Orr case, Catholic scholasticism, Melbourne Wittgensteinianism, philosophy of science, the Sydney disturbances of the 1970s, Francofeminism, environmental philosophy, the philosophy of law and Mabo, ethics and Peter Singer. Realist theories especially praised are David Armstrong's on universals, David Stove's on logical probability (...) and the ethical realism of Rai Gaita and Catholic philosophers. In addition to strict philosophy, the book treats non-religious moral traditions to train virtue, such as Freemasonry, civics education and the Greek and Roman classics. (shrink)

India has a long, rich, and diverse tradition of philosophical thought, spanning some two and a half millenia and encompassing several major religious traditions. Now, in this intriguing introduction to Indian philosophy, the diversity of Indian thought is emphasized. It is structured around six schools of thought that have received classic status. Sue Hamilton explores how the traditions have attempted to understand the nature of reality in terms of inner or spiritual quest and introduces distinctively Indian concepts, such as (...) karma and rebirth. She also explains how Indian thinkers have understood issues of reality and knowledge-issues that re also an important part of the Western philosophical tradition. (shrink)

Discussion about a dignified death has almost exclusively been applied to palliative care and people dying of cancer. As populations are getting older in the western world and living with chronic illnesses affecting their everyday lives, it is relevant to broaden the definition of palliative care to include other groups of people. The aim of the study was to explore the views on dignity at the end of life of 12 elderly people living in two nursing homes in Sweden. A (...) hermeneutic approach was used to interpret the material, which was gathered during semi-structured interviews. A total of 39 interviews were transcribed. The analysis revealed three themes: (1) the unrecognizable body; (2) fragility and dependency; and (3) inner strength and a sense of coherence. (shrink)

When Benjamin Franklin suggested that man is by nature a tool-making animal, he summed up what was for his fellow Americans the common sense of the matter. It is not, then, surprising that, when Britain's colonists in North America broke with the mother country over the issue of an unrepresentative parliament's right to tax and govern the colonies, they defended their right to the property they owned on the ground that it was in a most thorough-going sense an extension (...) of themselves: the fruits of their own labor. This understanding they learned from John Locke, who based the argument of his Two Treatises of Government on the unorthodox account of providence and of man's place within the natural world that Sir Francis Bacon had been the first to articulate. All of this helps explain why the framers of the American constitution included within it a clause giving sanction to property in ideas of practical use. (shrink)

The aesthetics of imperfection emphasises spontaneity, disruption, process and energy over formal perfection and is often ignored by many commentators or seen only in improvisation. This comprehensive collection is the first time imperfection has been explored across all kinds of musical performance, whether improvisation or interpretation of compositions. Covering music, visual art, dance, comedy, architecture and design, it addresses the meaning, experience, and value of improvisation and spontaneous creation across different artistic media. A distinctive feature of the volume is that (...) it brings together contributions from theoreticians and practitioners, presenting a wider range of perspectives on the issues involved. Contributors look at performance and practice across Western and non-Western musical, artistic and craft forms. Composers and non-performing artists offer a perspective on what is 'imperfect' or improvisatory within their work, contributing further dimensions to the discourse. The Aesthetics of Imperfection in Music and the Arts features 39 chapters organised into eight sections and written by a diverse group of scholars and performers. They consider divergent definitions of aesthetics, employing both 18th-century philosophy and more recent socially and historically situated conceptions making this an essential, up-to-date resource for anyone working on either side of the perfection-imperfection debate. (shrink)

Ferruccio Busoni's Sketch of a New Aesthetic of Music appeared in 1910. Schoenberg, in his copy of the little book, wrote critical marginal comments which crystallize two opposed outlooks in musical aesthetics. Busoni writes: Notation, the writing out of compositions, is primarily an ingenious expedient for catching an inspiration, with the purpose of exploiting it later. But notation is to improvisation as the portrait is to the living model… …What the composer's inspiration necessarily loses through notation, his interpreter should restore (...) by his own…. (shrink)

In Experiment, Right or Wrong, Allan Franklin continues his investigation of the history and philosophy of experiment presented in his previous book, The Neglect of Experiment. Using a combination of case studies and philosophical readings of those studies, Franklin again addresses two important questions: (1) What role does and should experiment play in the choice between competing theories and in the confirmation or refutation of theories and hypotheses? (2) How do we come to believe reasonably in experimental results? (...) Experiment, Right or Wrong makes a significant contribution to an important area in contemporary history and philosophy of science. Philosophers and historians of science, physicists, and advanced students in these areas will find much of interest in this engaging study. (shrink)

A complete translation of Aristotle's classic that is both faithful and readable, along with an introduction that provides the modern reader with a means of understanding this seminal work and its impact on our culture. In this volume, Joe Sachs (translator of Aristotle's _Physics, Metaphysics,_ and the _Nicomachean Ethics _)also supplements his excellent translation with well-chosen notes and glossary of important terms. Focus Philosophical Library translations are close to and are non-interpretative of the original text, with the notes and a (...) glossary intending to provide the reader with some sense of the terms and the concepts as they were understood by Aristotle’s immediate audience. (shrink)

Book reviewed in this article: Roger Scruton, The Aesthetics of Music.

Written across the disciplines of art history, literature, philosophy, sociology, and theology, the ten essays comprising the collection all insist on multidimensional definitions of evil. Taking its title from a moment in Shakespeare's Tempest when Prospero acknowledges his responsibility for Caliban, this collection explores the necessarily ambivalent relationship between humanity and evil. To what extent are a given society's definitions of evil self-serving? Which figures are marginalized in the process of identifying evil? How is humanity itself implicated in the production (...) of evil? Is evil itself something fundamentally human? These questions, indicative of the kinds of issues raised in this collection, seem all the more pressing in light of recent world events. The ten essays were originally presented at the First Global Conference on Perspectives on Evil and Human Wickedness, held in March 2000 in Lady Margaret Hall, Oxford University. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Incoherence of Determining Death by Neurological Criteria: A Commentary on Controversies in the Determination of Death, A White Paper by the President’s Council on Bioethics*Franklin G. Miller** (bio) and Robert D. Truog (bio)Traditionally the cessation of breathing and heart beat has marked the passage from life to death. Shortly after death was determined, the body became a cold corpse, suitable for burial or cremation. Two technological changes (...) in the second half of the twentieth century prompted calls for a new, or at least expanded, definition of death: the development of intensive care medicine, especially the use of mechanical ventilators, and the advent of successful transplantation of vital organs. Patients with profound neurological damage, leaving them incapable of breathing on their own and in an irreversible coma, could be maintained for some period of time with the aid of mechanical ventilation. The situation of these patients posed two ethical questions. Is it appropriate to stop life-sustaining treatment? If so, is it acceptable to retrieve vital organs for transplantation to save the lives of others before stopping treatment?In 1968, the Ad Hoc Committee of the Harvard Medical School to Examine the Definition of Brain Death proposed that death could be determined on the basis of neurological criteria, thus providing a positive answer to these two questions (Ad Hoc Committee 1968). According to the position of this committee, patients diagnosed with the cessation of brain function are dead, despite the fact that they breathe and circulate blood with the aid of mechanical ventilation. [End Page 185] Because they are dead, it is appropriate, indeed imperative, to stop mechanical ventilation. And because they are dead, it becomes ethical to procure vital organs for transplantation before stopping what otherwise would be life-sustaining treatment. Remarkably, this innovative neurological determination of death became, with little debate or controversy, the established position in medical ethics and the law throughout the United States.The Harvard Committee articulated the diagnosis of “irreversible coma,” but merely asserted that this condition constituted death. No explanatory rationale was provided. It fell to the President’s Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research to provide an authoritative rationale in its 1981 report, Defining Death. The second paragraph of the report set the stage as follows: “The question addressed here is not inherently difficult or complicated. Simply, it is whether the law ought to recognize new means for establishing that the death of a human being has occurred” (President’s Commission 1981, p. 3). The Commission claimed that “death is a unitary phenomenon” (p. 7) and that the determination of death by neurological criteria, in terms of the absence of all brain function, is consistent with the traditional conception of death as the cessation of vital functioning of the organism as a whole. The key issue is the integrative functioning of the human organism, which ceases to exist, according to the Commission, when the whole brain, including higher cortical areas and the brain stem, fails to function. Although “brain-dead” patients do not appear to be dead—i.e., the reality of their death is “masked” by the activity of mechanical ventilation—the patient’s body has irreversibly lost all capacity for integrative functioning. In the words of the Commission: “When artificial means of support mask this loss of integration as measured by the old methods [cessation of respiration and heart beat], brain-oriented criteria and tests provide a new window on the same phenomenon” (p. 33). The President’s Commission was instrumental in developing and establishing “The Uniform Definition of Death Act”: “An individual who has sustained either (1) irreversible cessation of circulatory and respiratory functions, or (2) irreversible cessation of all functions of the entire brain, including the brain stem, is dead” (p. 2).Although the question posed by the President’s Commission was easy to articulate, the answer, over time, has proved complicated and controversial. The coherence and cogency of determining death by neurological criteria has been challenged. Various experts have demonstrated that “brain-dead” patients maintained on mechanical ventilation display a range of vital, integrative, functioning, which conflicts with the judgment that they are dead (Truog and... (shrink)

A predominant ethical view holds that physician‐investigators should conduct their research with therapeutic intent. And since a physician offering a therapy wouldn't prescribe second‐rate treatments, the experimental intervention and the best proven therapy should appear equally effective. "Clinical equipoise" is necessary. But this perspective is flawed. The ethics of research and of therapy are fundamentally different, and clinical equipoise should be abandoned.

The ability to combine words into novel sentences has been used to argue that humans have symbolic language production abilities. Critiques of connectionist models of language often center on the inability of these models to generalize symbolically (Fodor & Pylyshyn, 1988; Marcus, 1998). To address these issues, a connectionist model of sentence production was developed. The model had variables (role‐concept bindings) that were inspired by spatial representations (Landau & Jackendoff, 1993). In order to take advantage of these variables, a novel (...) dual‐pathway architecture with event semantics is proposed and shown to be better at symbolic generalization than several variants. This architecture has one pathway for mapping message content to words and a separate pathway that enforces sequencing constraints. Analysis of the model's hidden units demonstrated that the model learned different types of information in each pathway, and that the model's compositional behavior arose from the combination of these two pathways. The model's ability to balance symbolic and statistical behavior in syntax acquisition and to model aphasic double dissociations provided independent support for the dual‐pathway architecture. (shrink)

This book provides the reader with a detailed and captivating account of the story where, for the first time, physicists ventured into proposing a new force of nature beyond the four known ones - the electromagnetic, weak and strong forces, and gravitation - based entirely on the reanalysis of existing experimental data. Back in 1986, Ephraim Fischbach, Sam Aronson, Carrick Talmadge and their collaborators proposed a modification of Newton's Law of universal gravitation. Underlying this proposal were three tantalizing pieces of (...) evidence: 1) an energy dependence of the CP (particle-antiparticle and reflection symmetry) parameters, 2) differences between the measurements of G, the universal gravitational constant, in laboratories and in mineshafts, and 3) a reanalysis of the Eötvos experiment, which had previously been used to show that the gravitational mass of an object and its inertia mass were equal to approximately one part in a billion. The reanalysis revealed that, contrary to Galileo's position, the force of gravity was in fact very slightly different for different substances. The resulting Fifth Force hypothesis included this composition dependence and also added a small distance dependence to the inverse-square gravitational force. Over the next four years numerous experiments were performed to test the hypothesis. By 1990 there was overwhelming evidence that the Fifth Force, as initially proposed, did not exist. This book discusses how the Fifth Force hypothesis came to be proposed and how it went on to become a showcase of discovery, pursuit and justification in modern physics, prior to its demise. In this new and significantly expanded edition, the material from the first edition is complemented by two essays, one containing Fischbach's personal reminiscences of the proposal, and a second on the ongoing history and impact of the Fifth Force hypothesis from 1990 to the present. <. (shrink)

Prevailing ethical thinking about informed consent to clinical research is characterized by theoretical confidence and practical disquiet. On the one hand, bioethicists are confident that informed consent is a fundamental norm. And, for the most part, they are confident that what makes consent to research valid is that it constitutes an autonomous authorization by the research participant. On the other hand, bioethicists are uneasy about the quality of consent in practice. One major source of this disquiet is substantial evidence of (...) the “therapeutic misconception”—the tendency of patient-subjects in clinical trials to confuse participating in research with receiving personalized medical care. This .. (shrink)

Various formalisms for recasting quantum mechanics in the framework of classical mechanics on phase space are reviewed and compared. Recent results in stochastic quantum mechanics are shown to avoid the difficulties encountered by the earlier approach of Wigner, as well as to avoid the well-known incompatibilities of relativity and ordinary quantum theory. Specific mappings among the various formalisms are given.

Mathematicians often speak of conjectures as being confirmed by evidence that falls short of proof. For their own conjectures, evidence justifies further work in looking for a proof. Those conjectures of mathematics that have long resisted proof, such as the Riemann hypothesis, have had to be considered in terms of the evidence for and against them. In recent decades, massive increases in computer power have permitted the gathering of huge amounts of numerical evidence, both for conjectures in pure mathematics and (...) for the behavior of complex applied mathematical models and statistical algorithms. Mathematics has therefore become (among other things) an experimental science (though that has not diminished the importance of proof in the traditional style). We examine how the evaluation of evidence for conjectures works in mathematical practice. We explain the (objective) Bayesian view of probability, which gives a theoretical framework for unifying evidence evaluation in science and law as well as in mathematics. Numerical evidence in mathematics is related to the problem of induction; the occurrence of straightforward inductive reasoning in the purely logical material of pure mathematics casts light on the nature of induction as well as of mathematical reasoning. (shrink)

Corporate governance is often split between rule-based and principle-based approaches to regulation in different institutional contexts. This split is often informed by the types of institutional configurations, their strengths, and the complementarities within them. This approach to corporate governance regulation is mostly discussed in the context of developed economies and their regulatory demands. However, in developing and weak market economies, such as in Sub-Saharan Africa, there is no such explicit split and the debates on such contexts in the comparative corporate (...) governance literature have been meagre. Nonetheless, there are sparks of good corporate governance practices in the region. Drawing from institutional theory and a case study of a largest economy, we explore the appropriateness or suitability of corporate governance regulatory frameworks in Sub-Saharan Africa. Our findings suggest that Nigeria needs an integrated system that combines elements of both rule-based and principle-based regulation, supported by a multi-stakeholder co-regulation strategy. This paper departs from the mainstream rule-based and principle-based categorisations by forging ahead new perspectives on corporate governance regulation, especially in weak market economies. (shrink)

Engaging in a dialogue with such major representatives of the dominant consensus as Kant, Habermas, and Rawls, and informed by the philosophical writings of ...

READING LEIBNIZ. Context of Leibniz's philosophy -- Difficulties of reading Leibniz -- Using this book -- GOD AND THE BEST POSSIBLE WORLD. Two principles of knowledge -- The existence of god -- The nature of God -- The best of all possible worlds -- SUBSTANCES. Substance in early modern philosophy -- The simplicity and unity of substance in Leibniz -- Substances as points of view on the universe -- Interaction and pre-established harmony -- RATIONAL MINDS. Minute perceptions and levels of (...) awareness -- Necessary truths and innate ideas -- Knowledge -- identity and choice -- LEIBNIZ'S PHILOSOPHY AND LEIBNIZ AS PHILOSOPHER . (shrink)

Both children and adults predict the content of upcoming language, suggesting that prediction is useful for learning as well as processing. We present an alternative model which can explain prediction behaviour as a by-product of language learning. We suggest that a consideration of language acquisition places important constraints on Pickering & Garrod's (P&G's) theory.

That bad things happen to good people was as true in early China as it is today. Franklin Perkins uses this observation as the thread by which to trace the effort by Chinese thinkers of the Warring States Period, a time of great conflict and division, to seek reconciliation between humankind and the world. Perkins provides rich new readings of classical Chinese texts and reflects on their significance for Western philosophical discourse.

In the early 1990s, managers at Exxon decided to seek lower cost disposal in Louisiana for oil-field wastes declared hazardous in Alabama. This decision resulted in injuries to the residents of Grand Bois, Louisiana; the disposal company; Exxon; and the oil industry in the state. Given the need for business and society to manage business operations for mutual benefit, it is essential to understand why businesses injure the public so that similar incidents do not happen again. The authors use three (...) analytical perspectives to suggest how corporations may make unethical decisions without purposefully setting out to do so: their managers may fail to understand changing social expectations for corporate behavior; they may adopt organizational structures, policies, and procedures that block ethical action in the name of efficiency; and they may follow unwritten rules of behavior for career success that exclude ethics. These perspectives suggest that individual Exxon managers may not have been making greed-based decisions, weighing corporate gains against harms to others. The situation more likely involved a failure, for the reasons discussed, to raise ethics questions in making business decisions. This explanation does not make much difference to those injured nor does it absolve those who made the decisions. It does make a difference to society and to companies seeking to understand factors that have to be overcome in any large corporation that wishes to prevent such events from occurring. (shrink)

ExcerptIt may come as a surprise to those unfamiliar with Israeli society, and especially to those who have been led to believe it composed primarily of European Jews who settled in the Middle East, that roughly half of Israel's Jewish population is made up of Jews who for millennia were deeply rooted in the region, and who were summarily expelled from Arab states after Israel was founded in 1948. In fact, this Arab Jewish population exceeds in number those Palestinians who (...) were displaced, and it possessed substantially greater property that was confiscated without compensation upon expulsion.1The purpose of this…. (shrink)

The Death of the Past argues that critical problems in the philosophy of history, such as the the truth of historical texts, how texts relate to the past that they are about, and the nature of historical explanation, can be successfully investigated if we accept the claim that historical writing is historicist--perspectival (from the standpoint of the historian) rather than purporting to be like an eyewitness account (as in the first-person "presentist" views critiqued by Enzo Traverso). This approach admits all (...) relevant evidence as subject to analysis in order to determine the widest point of view, as opposed to the biased "eyewitness" approach, which observes only partially. The link between the past itself and historical knowledge is radically broken, giving the latter the wisdom of hindsight across a broader temporal field from the events examined up to the present. The truth about the past is only accessible from a later point in time; "the past" itself is not a reality for the historian; it no longer exists. Frank Ankersmit offers a surprising foundation for the historicist notion of history: Leibniz' monadological universe, in which each monad or substance has its own point of view. There is no deeper ontology to which they owe their status--just an infinity of monads and a corresponding infinity of points of view on other monads. So with historical representations, statements about the past that can be either true or false but not depictions of the past itself. In striking contrast to Hayden White's view, Ankersmit insists that historical writing is no less rational than the sciences-- mathematical and scientific writing has its counterpart in the writing of history. (shrink)