v. 1. Psychological issues.--v. 2. Structural issues.--v. 3. Awareness and self-awareness.--v. 4. Clinical issues.

Ever since the constitutional revolution of the 1930s, constitutional law and theory have been dominated by questions of civil rights. The expansion of rights under the Warren Court constituted a deep-seated shift in judicial attitudes that has proved remarkably stable over time. Despite protests in some quarters that the Burger Court and the current Rehnquist Court have undermined civil rights recognized during the Warren Court era, the fact is that the changes have been surprisingly marginal. Even precedents that were widely (...) believed to be endangered species a decade ago – such as Miranda and Roe v. Wade – continue in force, although they have indeed been pruned back. Despite their importance, however, these high-profile cases do not go to the core of the Supreme Court's agenda. The core is epitomized by Brown v. Board of Education on the one hand, representing an aggressive and interventionist attitude toward government discrimination against discrete minorities, and footnote four of the Carotene Products case, on the other hand, representing an extraordinarily deference to the political process with respect to economic regulation. The Rehnquist Court's commitment to this core agenda is not dramatically different than that of its predecessors, at least not when the broad sweep of constitutional law is taken into account. (shrink)

Arguments about constitutional and personal rights often invoke the concept of privacy. In the United States it has been said that the constitution "embodies a promise that a certain private sphere of individual liberty will be kept largely beyond the reach of government". A number of formulae has been invoked in an attempt to define the sphere of constitutional privacy. They include: Fundamental rights of interests; personal decisions and issues; important questions intimately affecting private lives; and decisions affecting education, child-rearing, (...) marriage and contraception.Canadian and Europian courts have resorted to balancing formulae and to proportionality to set the limits to liberty guarantees. All of them need, however, an implied general theory of liberty such as that propounded by Mill , since privacy is a special sub-category of liberty.Privacy claims are made not only against the State, but in tort law relations between individuals, or between individuals and organisations such as the Press. Proposals for legislation to protect personal privacy encompass two different types of claim. One relates to physical intrusion: the other to proprietary rights over information of certain kinds. It is questionable whether general legislation to establish a statutory tort of breach of privacy is defensible. It may even be dangerous and be exploitable to protect government information. A public interest defence is essential. That throws the balancing role back on the courts, but they cannot rely on any obvious social consensus in weighing the interests at issue. In der Auseinandersetzung über subjektive Rechte, die von einer Verfassung garantiert sind oder deren Verletzung privatrechtliche Ansprüche auslöst, berufen sich viele Stimmen auf das Konzept der Privatsphäre. Nach einer in den Vereinigten Staaten vertretenen These liegt der amerikanischen Verfassung "das Versprechen zugrunde, daß die Privatsphäre, d.i. eine bestimmte Sphäre individueller Freiheit, im großen und ganzen außerhalb des Zugriffs des Staates liegt". Wie läßt sich rechtlich präzisieren, was diese verfassungsrechtlich garantierte Privatsphäre eigentlich einschließt? Eine Reihe von Antworten, die auf diese Frage gegeben werden, bezeichnen als vom Begriff der Privatsphäre erfaßt a) fundamentale Rechte oder Interessen, b) persönliche Probleme oder Entscheidungen, c) wesentliche Fragen, die das Privatleben ganz existenziell berühren, d) Entscheidungen, die die Erziehung und Ausbildung von Kindern, Empfängnisverhütung und Eheschließung betreffen. Einige dieser Formeln enthalten Elemente eines logischen Zirkels, da sie bei dem Versuch, die Privatsphäre näher zu umschreiben, ihrerseits selbst den Ausdruck "privat" benutzen. Andere sind entweder offensichtlich zu weit oder zu eng oder sonst schlechterdings ungenügend. Darüber hinaus ist es nicht klar, wann bei den subjektiven Rechten, die als fundamental bezeichnet werden, Ausnahmen gemacht werden. Ein Beispiel liefert die US-amerikanische Entscheidung Bowers v. Hardwick. (shrink)

Hird, G.R., Recursive properties of relations on models, Annals of Pure and Applied Logic 63 241–269. We prove general existence theorems for recursive models on which various relations have specified recursive properties. These capture common features of results in the literature for particular algebraic structures. For a useful class of models with new relations R, S, where S is r.e., we characterize those for which there is a recursive model isomorphic to on which the relation corresponding to S remains r.e., (...) while that corresponding to R is not r.e.; immune; hyperimmune. The results are applied to vector spaces, Boolean algebras and abelian groups. In the case of vector spaces, this leads to a new kind supermaximal subspace of V∞. (shrink)

(1971). The involvement of Sir John Herschel in the photographic patent case, Talbot v. Henderson, 1854. Annals of Science: Vol. 27, No. 3, pp. 239-264.

Explaining Norms is a work in philosophy of social science aspiring to provide an account of norms, their general character, their kinds ðformal, legal, moral, and socialÞ, what they can explain, and what explains their dynamic ðemergence, persistence, and unravelingÞ. The authors engage with various positions in ethics, political philosophy, and ðto some extentÞ the philosophy of law. The discussion is rewarding and inventive—it provides distinctive and intriguing views on several topics ðe.g., on the distinction between moral and social normsÞ. (...) There are a lot of ideas here. Perhaps this is predictable, given that the work is a product of four capable minds. What is surprising is the range of ideas and arguments on which the authors manage to agree and out of which they construct one reasonably cohesive account. Given the wide range of literatures discussed, readers are likely to find much of interest. Not surprisingly, some related literatures do seem to be underplayed—treated in a few footnotes and somewhat by the way, with little development of systematic connections. There are thriving literatures in comparative psychology/ ethology, moral psychology, and cultural anthropology that are devoted to how we humans manage to cooperate and coordinate as we do. While there are footnotes to some of this literature ðsee the index for, e.g., Boyd, Bowles, Camerer, Gintis, and HenrichÞ, many readers would have benefited from a discussion that more fully related the position developed in Explaining Norms to that work in experimental economics and anthropology. Discussing the relationships with work in moral psychology and ethology would also have been appreciated ðHaidt, de Waal, and Tomasello are not mentionedÞ. Still, there is very much to like about what is treated here. The authors seek conceptually individually necessary and jointly sufficient conditions for being a norm. On the account provided, norms are something on the order of normative principles accepted in some group ð3–4Þ. Thus, norms involve some normative principle, possessing “a certain generality of scope and application.” These principles need not be objectively correct or fitting, and they may be objectively “simply awful” ð3Þ. The central questions have to do with what is involved in some group accepting these normative principles. The authors locate their position in two dimensions. (shrink)

In codifying the methods of translation, several writers have formulated maxims that would constrain interpreters to construe their subjects as (more or less) rational speakers of the truth. Such maxims have come to be known as versions of the principle of charity. W. V. O. Quine suggests an empirical, not purely methodological, basis for his version of that principle. Recently, Stephen Stich has criticized Quine's attempt to found the principle of charity in translation on information about the probabilities of various (...) sorts of mistakes. Here 1 defend Quine's approach. These issues have important implications for the supposed a priori status of human rationality. (shrink)

Contents/Links I. The Referentialist's Objection and the Issues it Raises II. From Uses of Descriptions to Aspects of Concepts III. A Straightforward Understanding IV. A More Sophisticated Understanding V. What is Attributively Associated with "Justification"?

A paradigmatic aspect of a paradigmatic kind of right is that the rights holder is the only one who can alienate it. When individuals waive rights, the normative source of that waiving is normally taken to be the individual herself. This moral feature?immunity?is usually in the background of discussions about rights. We bring it into the foreground here, with specific attention to a recent U.S. Supreme Court decision, Kentucky v. King (2011), concerning search and seizure rights. An entailment of the (...) Court's decision is that, at least in some cases, a right can be removed by the intentional actions of the very party against whom the right supposedly protects the rights holder. We argue that the Court's decision is mistaken. The police officers in the case were not morally permitted, and should not be legally permitted, to intentionally create the very circumstances that result in the removal of an individual's right against forced, warrantless search and seizure. (shrink)

Henry Bugbee is a curious figure in the annals of American Philosophers. It seems that most philosophers either cherish his work dearly or have never heard of him. Albert Borgmann described his work as “both inconspicuous and consequential”. As of this writing, he has no entries on The Internet Encyclopedia of Philosophy, The Stanford Encyclopedia of Philosophy, or even Wikipedia. Among those who know his work, most only know his book, The Inward Morning. And few of those who know the (...) book have seen fit to write about it. It is not that Bugbee’s career was on the margins. To the contrary, with a Princeton BA, a Berkeley PhD, and a faculty position at Harvard, a colleague of both C.I. Lewis and W.V.O. Quine... (shrink)

Oxford Literary Review, Volume 43, Issue 1, Page v-v, July, 2021.

By 1910 the Cambridge University physiology department had become the kernel of British physiology. Between 1909 and 1914 an astonishing number of young and talented scientists passed through the laboratory. The University College department was also a stimulating place of study under the dynamic leadership of Ernest Starling.I have argued that the reasons for this metropolitan axis within British physiology lie with the social structure of late-Victorian and Edwardian higher education. Cambridge, Oxford, and University College London were national institutions attracting (...) students from all over England and Wales. In contrast, the provincial colleges drew their clientele from relatively narrow geographic radii. Generally, also, these institutions were regarded as socially inferior to the longer-established universities.A brief survey of the biographies of some British physiologists demonstrates how physiology, as an occupation, became, over the later decades of the century, socially elite. The scientists who achieved full-time posts in the 1870s generally came from somewhat marginal backgrounds. Foster, like his mentors T. H. Huxley and William Sharpey, came from a non-conformist family. Edward Schäfer was also a dissenter and, like Foster, began his professional career as a general practitioner.Physiologists of the succeeding generation, however, came from wealthy families with established intellectual traditions. John Scott Haldane, nephew of John Burdon Sanderson, was the brother of the politician R. B. Haldane and uncle of the historian A. R. B. Haldane.71 Joseph Barcroft was one of the most affluent of all physiologists.72 His family's wealth derived from linen manufacturing. He attended the Ley's School Cambridge, where his schoolmates included Henry Dale, later Director of the National Institute for Medical Research; F. A. Bainbridge, who eventually became Professor of Physiology at St. Bartholomew's Hospital; and the Cambridge historian J. H. Clapham. A. V. Hill, Professor of Physiology at Manchester and, subsequently, London, married Margaret Keynes, sister of John Maynard Keynes and niece of Sir Walter Langdon Brown, Professor of Physic at Cambridge. Margaret Keynes's younger brother, the surgeon Sir Geoffrey Keynes, married a granddaughter of Charles Darwin; their son Richard Keynes also became a physiologist at Cambridge.These families were part of a new class emerging during the late Victorian period, descendants of the great reforming radicals of the 1830s, who had begun to achieve power through positions in the universities, the professions, and the civil service. Their social prestige rested upon their intellectual expertise. Physiology was an appealing research discipline to these groups because of its clear dissociation from industry and commerce. And because physiology's “practical” face was medicine, its acceptability was reinforced by professional ties.The nature of the Physiological Society confirms this image of physiology as an elite science. By the turn of the century the Society had taken on some of the characteristics of a dining club. The scientific meetings were generally followed by dinner: if the Society met at Oxford, they were entertained at Burdon Sanderson's college, Magdalen.73 Through a “black ball” system, unwanted candidates could be excluded. In 1912, when the question of admitting foreigners was discussed, E. H. Starling wrote to Edward Schäfer: “the Society has very much in it the nature of a club, and a certain amount of personal knowledge of the candidate is always desirable.”74.The developing institutional structure of physiology in late Victorian Britain indicates, therefore, that we must look beyond the achievements of individuals and departments to understand why physiology flourished. The discipline became part of a new social order in which the professional middle classes assumed increasing power. These groups valued intellectual skill, especially in the pure scienes, as forces both for self-advancement and for progress within society. (shrink)

Geoffrey V. Sutton, Science for a Polite Society: Gender, Culture, and the Demonstration of Enlightenment (Boulder, CO: Westview Press, 1995), xiii + 391 pp., ISBN 0-8133-1575-1. -/- Christian Licoppe, La formation de la pratique scientifique: le discours de l’expe´rience en France et en Angleterre (1630–1820) (Paris: Editions de la de´ couverte, 1996), 346 pp., ISBN 2-7071-2530-X.

An analysis of Geoffrey Hill's lyric poem about William Blake illuminates the relations between art, prophecy, and imperial politics across more than two centuries. Hill's poem responds to David V. Erdman's argument that Blake was resolutely, if ineffectually and sometimes secretly, opposed to war. It also establishes Hill's own cryptic but definite resistance to contemporary war and warmongers, while it mourns poetry's public powerlessness to halt the violent competition for material resources. Ignored by the majority, poetry fails to bring (...) about the ethical social change that poets often envision. The layering of perspectives (Hill the poet and scholar writing about Erdman the scholar, who is explicating Blake the poet and artist) allows for a multidimensional interpretation of the role of poets and prophetic poetry. Despite their fury at society's deafness and greed, and frustration at their own incapacities, poets—because if they are great poets, they are prophets, too—continue to speak to their audiences about the problems of this world and about the better worlds that can be imagined. Hill's text obliquely teaches how the small success of a great poem can provide a minor note of consolation as it objects to terror and tyranny. (shrink)

An analysis of Geoffrey Hill's lyric poem about William Blake illuminates the relations between art, prophecy, and imperial politics across more than two centuries. Hill's poem responds to David V. Erdman's argument that Blake was resolutely, if ineffectually and sometimes secretly, opposed to war. It also establishes Hill's own cryptic but definite resistance to contemporary war and warmongers, while it mourns poetry's public powerlessness to halt the violent competition for material resources. Ignored by the majority, poetry fails to bring (...) about the ethical social change that poets often envision. The layering of perspectives (Hill the poet and scholar writing about Erdman the scholar, who is explicating Blake the poet and artist) allows for a multidimensional interpretation of the role of poets and prophetic poetry. Despite their fury at society's deafness and greed, and frustration at their own incapacities, poets—because if they are great poets, they are prophets, too—continue to speak to their audiences about the problems of this world and about the better worlds that can be imagined. Hill's text obliquely teaches how the small success of a great poem can provide a minor note of consolation as it objects to terror and tyranny. (shrink)

The dictum ‘“ought” implies “can”’ has a status in moral philosophy in some respects like that of ‘a good player needs good co-ordination’ in talk about ball-games. Clearly, you say something important but not conclusive about proficiency in playing a ball-game when you say that it requires good co-ordination: similarly, you say something important but not conclusive about obligation when you say that it implies a certain possibility or power or ability. Each dictum is a reminder: the one about such (...) courses of physical instruction, the other about such exhortations to duty, as are worth persevering with. It would be hopeless to keep on teaching a boy the moves and tricks of rugby football if he could never co-ordinate well enough to get his eye in, so to speak. Correspondingly, it would be meaningless to recommend that someone ought to do something the specification of which involved a contradiction, and pointless to suggest that he ought to do something which, for quite general reasons, was not, and was certain to remain not, within his power. So each dictum expresses a bluff, no-nonsense wisdom which we should count on before involving ourselves in certain more detailed commitments. But probably this is as far as the comparison between the two sayings can well be taken. (shrink)

Neuroscientists have long sought to study the dynamic activity of the human brain—what's happening in the brain, that is, while people are thinking, feeling, and acting. Ideally, an inside look at brain function would simultaneously and continuously measure the biochemical state of every cell in the central nervous system. While such a miraculous method is science fiction, a century of progress in neuroimaging technologies has made such simultaneous and continuous measurement a plausible fiction. Despite this progress, practitioners of modern neuroimaging (...) struggle with two kinds of limitations: those that attend the particular neuroimaging methods we have today and those that would limit any method of imaging neural activity, no matter how powerful.In this essay, I consider the liabilities and potential of techniques that measure human brain activity. I am concerned here only with methods that measure relevant physiologic states of the central nervous system and relate those measures to particular mental states. I will consider in particular the preeminent method of functional neuroimaging: BOLD fMRI. While there are several practical limits on the biological information that current technologies can measure, these limits—as important as they are—are minor in comparison to the fundamental logical restraints on the conclusions that can be drawn from brain imaging studies. (shrink)

On indic philosophy; includes articles on Mahabharata epic.