This paper examines the functions of narrative within legal argumentation. My purposes are these: 1) to repudiate common assumptions that differentiate ‘argumentation’ and ‘storytelling’ in the law; 2) to begin to theorize anew how legal argumentation functions; 3) to explore the difficulties of evaluating the law's argumentative narratives; and 4) to trace some of the anxiety that judges themselves reveal about their roles as storytellers. I conclude that narrative is necessary to law's claims to authority, even as it complicates our (...) understandings about how legislative policy decisions produce effects, and even as judges themselves seek to mask its importance. (shrink)

There is the world of ideas and the world of practice; the French are often for sup pressing the one and the English the other; but neither is to be suppressed. -Matthew Arnold The Function of Criticism at the Present Time From its inception, bioethics has confronted the need to reconcile theory and practice. At first the confrontation was purely intellectual, as writers on ethical theory (within phi losophy, theology, or other humanistic disciplines) turned their attention to topics from the (...) world of medical practice. Recently the confrontation has grown more intense. The ap pointment of clinical ethicists in hospitals and other health care settings is an accelerating trend in North America. Concomitantly, those institutions involved in training peo ple in clinical ethics have added organized exposure to the world of practice, in the form of placement requirements, to the normal academic course load. In common with other dis ciplines, bioethics has begun to see clinical training as a con dition of didactic theory and apprenticeship. (shrink)

Advance refusals of life-sustaining treatment involve three potentially conflicting interests: those of the patient; those of the doctor; and those of the law. The state's interest in protecting life can clash with the patient's right to self determination which, in turn, can conflict with the doctor's desire to act in the patient's best interests. Against this background, we present the case of a patient who was treated (arguably) contrary to his advance refusal but in accordance with English law.

This book is a total joy to read. Thi Nguyen’s energy radiates from every page – the prose is truly delightful, with all sorts of poetic turns of phrase enliven.

Scientific instruments can help to shape and re-shape epistemic boundaries, especially those between communities of scienti?c researchers. But how do they function at boundaries between scienti?c communities and communities of non-experts? This paper examines the use of air monitoring instruments at the boundary between petrochemical facilities and nearby residential communities, asking whether a new generation of fenceline monitors shared by industry (and regulatory agency) experts and community members alter the epistemic boundary between the two groups. Arguing that epistemic communities organized (...) around instruments are characterized, in part, by a common understanding of the evidential contexts for instrumental data, the paper shows how the evidential contexts in which experts and residents interpret monitoring data diverge. Instead of the new, shared fenceline monitors helping to reconcile differences over evidential contexts, those pre-existing contexts shape the interpretation of data from the new instruments–perpetuating epistemic boundaries between industry experts and community members. (shrink)

Bernard Suits’ groundbreaking work, The Grasshopper: Games, Life, and Utopia, has profoundly shaped the philosophy of sport. Its sequel, Return of the Grasshopper: Games, Leisure, and the Good Life in the Third Millennium, released in October 2022, enriches scholarly understandings of Suits’ views on games, emphasizing the normative aspects of gameplay and its impact on people’s pursuit of the good life. In this book symposium, world-leading Suits scholars analyze the Suitsian conception of gameplay and its relevance to his views on (...) Utopia outlined in the sequel, covering a wide range of topics. Filip Kobiela explores counterfactual situations in Suits’ oeuvre. Christopher Bartel and Gwen Bradford scrutinize the ethical nature and ramifications of Suits’ claim that life is an unconscious game. R. Scott Kretchmar and John S. Russell present thoughtful critiques of Suits’ musing on Utopia. William J. Morgan’s contribution integrates contemporary work studies to illuminate Suits’ utopia. The symposium concludes with the editors, Francisco Javier Lopez Frias and Christopher Yorke, offering their perspectives on Suitsian Utopia, ethics, and metaethics. (shrink)

"This edition, which replaces the original Loeb edition..., offers text, translation, and annotation that are fully current with modern scholarship"--Front flap of dust jacket, volume 1.

This article explores the significance that environments play in terms of the learning process. In the United States, the legacy of John Dewey's intellectual efforts left a theoretical understanding that views the architectural composition of learning environments as instrumental mediums which house the educational process. This understanding of learning environments is precipitated by a separation of human agents as subjects and their environments as objects. By contrast, Martin Heidegger's theory of ontology, and its reconfiguration of the subject and object relationship, (...) lends itself to an understanding of the architectural composition of learning environments as dwellings. (shrink)

Philosophers now treat the relationship between Classical Mendelian Genetics and molecular biology as a paradigm of nonreduction and this example is playing an increasingly prominent role in debates about the reducibility of theories ranging from macrosocial science to folk psychology. Patricia Churchland (1986), for example, draws an analogy between the alleged elimination of the “causal mainstay” of classical genetics and her view that today’s psychological theory will be eliminated by neuroscience. Patricia Kitcher takes an autonomous rather than eliminativist view of (...) the reported nonreduction in genetics and reasons that psychology will retain a similar autonomy from lower level sciences (1980 and 1982). Although Churchland and Kitcher offer different interpretations of the apparent failure of molecular biology to reduce classical genetics, they agree that this failure will help illuminate theoretical relations between psychology and lower level sciences. The appearance of the Mendelian example along side the usual ones from physics and chemistry marks a turning point in philosophy of science. (shrink)

In his recent work, David DeGrazia (2020) explores the possibility of insect sentience, focusing on bees as a case study. He advances a novel evolutionary approach, arguing that, from an evolutionary perspective, it’s more likely that bees are sentient than insentient., insofar as bees (allegedly) would have a selective advantage if they are motivated—in the form of feeling—to achieve their aims. His argument assumes two questionable claims: (1) if X is a selective advantage for an organism, then the organism likely (...) has X, and (2) conscious creatures would have a selective advantage if they are sentient. I challenge both claims, and consequently call into question DeGrazia’s claim that we have an evolutionary-based reason to attribute sentience to bees (and other insects). (shrink)

John Dewey expresses repeatedly that the significance of democracy is more than political discourse. He invites us to realize that democracy is primarily moral idea that animates a process of living and should be actualized continuously. He underlines that the idea of liberty, equality and fraternity, which is the democratic trinity, is ethical ideal of humanity in which personality is at the centre of reflection. Every human individual is free to actualize its self-realization. His liberty is based on the belief (...) that every human individual has a right to equal opportunity with every other person to develop whatever endowment he has. Then, democracy indicates fraternity as an ethical value, which every human individual is able to actualize his capacities only in actively cooperative relationship with other. Political and social democracy presenting in a real association of life will be effectively sustained if its values of ideal hu-manity becomes an animating force of life. In other words, he envisions that democracy becomes a personal way of life. Keywords: values of democracy, social responsibility, culture of democracy, transformation of life, peaceful life. Absrak: John Dewey menyatakan berulangkali bahwa demokrasi lebih dari sekedar persoalan politik. Ia menunjukkan bahwa demokrasi pertama-tama merupakan sebuah gagasan etis yang menjiwai proses hidup secara terus-menerus. Kebebasan, kesederajatan, dan persaudaraan yang menjadi inti demokrasi merupakan nilai-nilai etis kemanusiaan yang menjadi arah hidup manusia di dalam kehidupan bersama di tengah masyarakat. Setiap individu adalah bebas untuk mewujudkan dirinya. Kebebasannya didasarkan pada keyakinan bahwa setiap individu mempunyai hak dan kesempatan yang sama untuk mengembangkan diri sesuai dengan potensi yang dianugerahkan kepadanya. Persaudaraan merupakan nilai etis yang menegaskan bahwa setiap individu hanya mampu mewujudkan diri di dalam relasi dan kerjasama dengan sesamanya. Ketiga nilai etis tersebut seharusnya menjiwai tata hidup bersama. Dengan kata lain, demokrasi seharusnya menjadi pola hidup setiap pribadi sebagai anggota masyarakat. Kata-kata Kunci: nilai-nilai demokrasi, tanggung jawab sosial, budaya demo-krasi, transformasi hidup, hidup damai. (shrink)

Ivancovsky et al. propose a novelty-seeking model linking curiosity to creativity. This commentary suggests integrating their work with a stage-based creativity model for additional insights. It also encourages readers to address knowledge gaps identified by the authors, including factors that trigger the pursuit of creative solutions. We aim to refine theory and direct future research to clarify the complex curiosity–creativity relationship.

Dan Baras has recently argued for the claim that Theistic Mathematical Platonism fares no better than Mathematical Platonism with respect to explaining why our mathematical beliefs are correlated with mind-independent mathematical truths. In this paper I argue that, insofar as TMP provides a proximate or local explanation for this truth-tracking correlation whereas MP fails to offer any corresponding explanation, Baras’s claim that TMP fares no better than MP with respect to explaining this correlation is false.

This book provides an exploration of the epistemological, metaphysical, and psychological foundations of the Nicomachean Ethics. Rejecting current orthodoxy, this book argues that scientific-knowledge (episteme) is possible in ethics, that dialectic and understanding (nous) play essentially the same role in ethics as in an Aristotelian science, and that the distinctive role of practical wisdom (phronēsis) is to use the knowledge of universals provided by science, dialectic, and understanding so as best to promote happiness (eudaimonia) in particular circumstances and to ensure (...) a happy life. Turning to happiness itself, the book develops a new account of Aristotle's views on ends and functions, exposing their twofold nature. It argues that the activation of theoretical wisdom is primary happiness, and that the activation of practical wisdom — when it is for the sake of primary happiness — is happiness of a second kind. He concludes with an account of the virtues of character, external goods, and friends, and their place in the happy life. (shrink)

Just as humans can draw conclusions responsibly or irresponsibly, so too can computers. Machine learning systems that have been trained on data sets that include irresponsible judgments are likely to yield irresponsible predictions as outputs. In this paper I focus on a particular kind of inference a computer system might make: identification of the intentions with which a person acted on the basis of photographic evidence. Such inferences are liable to be morally objectionable, because of a way in which they (...) are presumptuous. After elaborating this moral concern, I explore the possibility that carefully procuring the training data for image recognition systems could ensure that the systems avoid the problem. The lesson of this paper extends beyond just the particular case of image recognition systems and the challenge of responsibly identifying a person’s intentions. Reflection on this particular case demonstrates the importance (as well as the difficulty) of evaluating machine learning systems and their training data from the standpoint of moral considerations that are not encompassed by ordinary assessments of predictive accuracy. (shrink)

Offering an original perspective on the central project of Descartes' Meditations, this book argues that Descartes' free will theodicy is crucial to his refutation of skepticism. A common thread runs through Descartes' radical First Meditation doubts, his Fourth Meditation discussion of error, and his pious reconciliation of providence and freedom: each involves a clash of perspectives-thinking of God seems to force conclusions diametrically opposed to those we reach when thinking only of ourselves. Descartes fears that a skeptic could exploit this (...) clash of perspectives to argue that Reason is not trustworthy because self-contradictory. To refute the skeptic and vindicate the consistency of Reason, it is not enough for Descartes to demonstrate that our Creator is perfect; he must also show that our errors cannot prove God's imperfection. To do this, Descartes invokes the idea that we err freely. However, prospects initially seem dim for this free will theodicy, because Descartes appears to lack any consistent or coherent understanding of human freedom. In an extremely in-depth analysis spanning four chapters, Ragland argues that despite initial appearances, Descartes consistently offered a coherent understanding of human freedom: for Descartes, freedom is most fundamentally the ability to do the right thing. Since we often do wrong, actual humans must therefore be able to do otherwise-our actions cannot be causally determined by God or our psychology. But freedom is in principle compatible with determinism: while leaving us free, God could have determined us to always do the good. Though this conception of freedom is both consistent and suitable to Descartes' purposes, when he attempts to reconcile it with divine providence, Descartes's strategy fails, running afoul of his infamous doctrine that God created the eternal truths. (shrink)

Анотація. У статті проаналізовані досягнення Соціального Вчительства Католицької Церкви, репрезентовані працями Лева ХІІІ, Пія ХІ, Пія ХІІ, Івана Павла ІІ, що розкривають змістовні характеристики поняття «принцип субсидіарності», його роль і значення в системі християнських цінностей. Принцип субсидіарності робить можливими такі взаємовідносини в соціальному житті, коли спільнота вищого порядку не втручається у внутрішнє життя спільноти нижчого порядку, перебираючи на себе належні тій функції; заради спільного добра, спільного блага вона надає їй у разі потреби підтримку й допомогу, узгоджуючи у такий спосіб її (...) взаємодію з іншими соціальними структурами. Принцип субсидіарності скеровує соціальну практику на утвердження спільного блага в людському співтоваристві. Поширення і застосування принципу субсидіарності протистоїть небезпеці «одержавлення» суспільства та найзагрозливіших проявів колективізму, обмежує абсолютизацію влади, бюрократизацію державних і соціокультурних структур, стає одним із гарантів дотримання прав і свобод громадян своєї країни. (shrink)

The biopolitics of empire : slavery and "the Muslim" -- The biopolitics of settlement : temporality, desire, and civilization -- Foucault and queer theory -- Society must be destroyed -- Queer terror -- Bibliography.

What proper role should considerations of risk, particularly to research subjects, play when it comes to conducting research on human enhancement in the military context? We introduce the currently visible military enhancement techniques (1) and the standard discussion of risk for these (2), in particular what we refer to as the ‘Assumption’, which states that the demands for risk-avoidance are higher for enhancement than for therapy. We challenge the Assumption through the introduction of three categories of enhancements (3): therapeutic, preventive, (...) and pure enhancements. This demands a revision of the Assumption (4), alongside which we propose some further general principles bearing on how to balance risks and benefits in the context of military enhancement research. We identify a particular type of therapeutic enhancements as providing a more responsible path to human trials of the relevant interventions than pure enhancement applications. Finally, we discuss some possible objections to our line of thought (5). While acknowledging their potential insights, we ultimately find them to be unpersuasive, at least provided that our proposal is understood as fully non-coercive towards the candidates for such therapeutic enhancement trials. (shrink)

In this article, we provide a broad overview of the interplay among cognition, belief systems, and institutions, and how they affect economic performance. We argue that a deeper understanding of institutions’ emergence, their working properties, and their effect on economic and political outcomes should begin from an analysis of cognitive processes. We explore the nature of individual and collective learning, stressing that the issue is not whether agents are perfectly or boundedly rational, but rather how human beings actually reason and (...) choose, individually and in collective settings. We then tie the processes of learning to institutional analysis, providing arguments in favor of what can be characterized as “cognitive institutionalism.” Besides, we show that a full treatment of the phenomenon of path dependence should start at the cognitive level, proceed at the institutional level, and culminate at the economic level. (shrink)