What is objectivity? What is the rule of law? Are the operations of legal systems objective? If so, in what ways and to what degrees are they objective? Does anything of importance depend on the objectivity of law? These are some of the principal questions addressed by Matthew H. Kramer in this lucid and wide-ranging study that introduces readers to vital areas of philosophical enquiry. As Kramer shows, objectivity and the rule of law are complicated phenomena, each comprising (...) a number of distinct though overlapping dimensions. Although the connections between objectivity and the rule of law are intimate, they are also densely multi-faceted. (shrink)

John Locke's labor theory of property is one of the seminal ideas of political philosophy and served to establish its author's reputation as one of the leading social and political thinkers of all time. Through it Locke addressed many of his most pressing concerns, and earned a reputation as an outstanding spokesman for political individualism - a reputation that lingers widely despite some partial challenges that have been raised in recent years. In this major new study Matthew Kramer offers (...) an extensive critique of the labor theory and investigates the consequences of its downfall. With incisive analyses of the merits and failings of many aspects of Locke's political thought, Kramer advances a powerful challenge to Locke's image as an individualist. Employing a rigorously philosophical methodology, but remaining aware of the insights generated by historical approaches to Locke, Kramer concludes that Locke's political vision was in fact profoundly communitarian. (shrink)

This book is an uncompromising defense of legal positivism that insists on the separability of law and morality. After distinguishing among three facets of morality, Kramer explores a variety of ways in which law has been perceived as integrally connected to each of those facets. The book concludes with a detailed discussion of the obligation to obey the law--a discussion that highlights the strengths of legal positivism in the domain of political philosophy as much as in the domain of (...) jurisprudence. (shrink)

According to the Argument for Autonomous Mental Disorder, mental disorder can occur in the absence of brain disorder, just as software problems can occur in the absence of hardware problems in a computer. This article argues that the AAMD is unsound. I begin by introducing the “natural dysfunction analysis” of disorder, before outlining the AAMD. I then analyze the necessary conditions for realizer autonomous dysfunction. Building on this, I show that software functions disassociate from hardware functions in a way that (...) mental functions do not disassociate from brain functions. It follows that mental disorders are brain disorders necessarily. (shrink)

The archive can take many forms but all are marked by a connective sequence: archive, memory, the past, narrative. The author explores this sequence through an account of her engagement with four different types of archive, constructing a phenomenology of the archive which highlights the promises and seductions offered to the researcher. Postmodern questioning may throw in doubt older conceptions, whereby the archive is used to legitimate knowledge claims about the past of a nomological nature. However, in a context where (...) intellectuals become interpreters rather than legislators, the role of the archive as repository of inert meanings is strengthened rather than weakened; using the archive helps us to understand the dialectical nature of the relationship between past and present and our own positioning within this. (shrink)

Sabellianism, the doctrine that the Persons of the Trinity are roles that a single divine being plays either simultaneously or successively, is commonly thought to entail that the Father is the Son. I argue that there is at least one version of Sabellianism that does not have this result and meets the requirements for a minimally decent doctrine of the Trinity insofar as it affirms that each Person of the Trinity is God and that the Trinity of Persons is God (...) while maintaining monotheism without undermining the distinctness of Persons. (shrink)

The prior issue of Krisis (42:1) published Critical Naturalism: A Manifesto, with the aim to instigate a debate of the issues raised in this manifesto – the necessary re-thinking of the role (and the concept) of nature in critical theory in relation to questions of ecology, health, and inequality. Since Krisis considers itself a place for philosophical debates that take contemporary struggles as starting point, it issued an open call and solicited responses to the manifesto. This is one of the (...) sixteen selected responses, which augment, specify, or question the assumptions and arguments of the manifesto. (shrink)

Whitehead ignorierte Fichte, und beider Denk- und Darstellungsweisen sind auf den ersten Blick vollkommen verschieden. Dennoch bestätigen sie einander in der für beide zentralen Lehre von der untrennbaren Verbundenheit von Erkennen, Handeln, Fühlen und Selbstbewußtsein. Versucht man aber diese Lehre konsequent als schlechthin apriorische Einsicht zu verstehen, so löst sie sich unweigerlich in leere Redewendungen auf. Die tiefe Bedeutung, um die es durchaus bereits bei Fichte geht, kommt der Einsicht in die Einheit des Menschen in Erkennen, Handeln, Fühlen und Selbstbewußtsein (...) eigentlich erst dann zu, wenn man wie Whitehead die Last des rein aprioristischen Denkens abwirft. (shrink)

A discourse on method -- Hart on legal powers and law's normativity -- The components of Hart's jurisprudential theory -- Hart on legal interpretation and legal reasoning -- Law and morality.

Justin Garson has recently advanced a Generalised Selected Effects Theory of biological proper function. According to Garson, his theory spells trouble for the Dysfunction Account of Disorder. This paper argues that Garson’s critique of the Dysfunction Account from the Generalised Theory fails, and that we should reject the Generalised Theory outright. I first show that the Generalised Theory does not, as Garson asserts, imply that neurally selected disorders are not dysfunctional. Rather, it implies that they are both functional and dysfunctional. (...) I argue on this basis that the Generalised Theory yields conflicting functional norms, and we that should reject it outright on these grounds. (shrink)

Kramer was one of the most visionary musical thinkers of the second half of the 20th century. In his The Time of Music, he approached the idea of the many different ways that time itself is articulated musically. This book has become influential among composers, theorists, and aestheticians. Now, in his almost completed text written before his untimely death in 2004, he examines the concept of postmodernism in music. Kramer created a series of markers by which we can (...) identify postmodern works. He suggests that the postmodern project actually creates a radically different relationship between the composer and listener. Written with wit, precision, and at times playfully subverting traditional tropes to make a very serious point about this difference, Postmodern Music, Postmodern Listening leads us to a strongly grounded intellectual basis for stylistic description and an intuitive sensibility of what postmodernism in music entails. Postmodern Music, Postmodern Listening is an examination of how musical postmodernism is not just a style or movement, but a fundamental shift in the relationship between composer and listener. The result is a multifaceted and provocative look at a critical turning point in music history, one whose implications we are only just beginning to understand. (shrink)

This bibliography seeks to offer a comprehensive overview of nuclear criticism, tracing its development from the 1984 issue of diacritics which saw the publication of Derrida's seminal article “No Apocalypse, Not Now ” to the present day. Particular attention is paid to areas of interest which are underrepresented in the available literature, and every attempt has been made to offer a resource which is wide-ranging in outlook while providing a clear sense of the central texts which have shaped and reshaped (...) what we understand as nuclear criticism. Texts focusing solely on individual works have, by and large, been excluded. Brief notes accompany some of the entries, although it has not been practical to provide these for all the works mentioned: they should be taken as a record of an individual approach to the texts in question rather than as marks of overarching significance. (shrink)

Keine ausführliche Beschreibung für "Berechenbare Vernunft" verfügbar.

The proper evaluation of a theory's virtues seems to require taking into account what the theory is indirectly or implicitly committed to, in addition to what it explicitly says. Most extant proposals for criteria of theory choice in the literature spell out the relevant notion of implicit commitment via some notion of entailment. I show that such criteria behave implausibly in application to theories that differ over matters of entailment. A recent defence by Howard Peacock of such a criterion against (...) this objection is examined and rejected. I go on to a develop a better proposal on which, roughly speaking, a theory is counted committed to a claim if and only if its best fully explicit extension is explicitly committed to the claim. Such extensions in turn are evaluated by ordinary standards of theory choice adapted to the case of theories assumed to articulate their intended content in a fully explicit fashion. (shrink)

This paper asks when a natural disease kind is truly 'reactive' and when it is merely associated with a corresponding social kind. I begin with a permissive account of real kinds and their structure, distinguishing natural kinds, indifferent kinds and reactive kinds as varieties of real kind characterised by super-explanatory properties. I then situate disease kinds within this framework, arguing that many disease kinds prima facie are both natural and reactive. I proceed to distinguish ‘simple dependence’, ‘secondary dependence’ and ‘essential (...) dependence’ between a natural kind and its classification, and argue that a natural kind is only really reactive, in an important sense, under conditions of essential dependence. On this basis, I offer a principled hypothesis for why psychiatric kinds tend to be more metaphysically unstable than paradigm somatic disease kinds. (shrink)

In this book Eric Kramer introduces his theory of dimensional accrual/dissociation to explain the difference between modernity and postmodernity.

Can a materialist look for the resurrection of the dead and the life of the world to come? Dean Zimmerman’s Falling Elevator Model is a speculative account of how persons, understood as material beings, might survive in a post-mortem resurrected state—a just-so story. It assumes endurantism, the doctrine that persons and other ordinary objects are three-dimensional beings which are wholly present at every time they exist. I argue that neither endurantism, nor purdurantism, according to which persons are four-dimensional ‘worms’ who (...) have proper temporal parts at every time that they exist, provides a plausible account of personal survival. If you want to be a Christian materialist you should embrace exdurantism, the ‘stage theory’, according which persons are instantaneous stages and are not identical to their temporal successors either in this world or in any world to come. Exdurantism provides a plausible account of survival in ordinary cases and extraordinary cases of this-worldly fission, and of post-mortem survival. (shrink)

Recently, some philosophers have argued that we should take quantification of any (finite) order to be a legitimate and irreducible, sui generis kind of quantification. In particular, they hold that a semantic theory for higher-order quantification must itself be couched in higher-order terms. Øystein Linnebo has criticized such views on the grounds that they are committed to general claims about the semantic values of expressions that are by their own lights inexpressible. I show that Linnebo’s objection rests on the assumption (...) of a notion of semantic value or contribution which both applies to expressions of any order, and picks out, for each expression, an extra-linguistic correlate of that expression. I go on to argue that higher-orderists can plausibly reject this assumption, by means of a hierarchy of notions they can use to describe the extra-lingustic correlates of expressions of different orders. (shrink)

Background Generally, there is unanimity about the value of community engagement in health-related research. There is also a growing tendency to view genetics and genomics research (GGR) as a special category of research, the conduct of which including community engagement (CE) as needing additional caution. One of the motivations of this study was to establish how differently if at all, we should think about CE in GGR. Aim To assess the perspectives of genetics and genomics researchers in Uganda on CE (...) in GGR. Method A cross-sectional qualitative study was conducted at Makerere University and Uganda Virus Research Institute. Twenty-five individuals participated, the majority being male (sixteen). Participants included nineteen genetics and genomics researchers (researchers and research coordinators), two CE officers, three nurses and one nursing counsellor. Data were collected using in-depth interviews and analyzed in a thematic manner using NVivo version 12 Plus. Study findings Thirteen of the respondents had conducted CE in their GGR in either a geographical and disease-specific community. Some respondents said CE principles are the same and there is no need for special consideration for CE in GGR. Others gave ethical issues in GGR that require special consideration for CE in such research and these were categorized into six themes: GGR is new to communities, Difficulty in communicating GGR by the researchers, Genes are shared in communities, Cultural sensitivities against GGR, Community attitude toward GGR, Some GGR studies take long to end, and Negotiation of research benefits. Special considerations for CE when conducting GGR were suggested and categorized into seven themes: creating awareness of GGR in communities, obtaining both community acceptance and individual consent, CE team composition, involve communities in solving GGR challenges, prolong CE in some GGR, develop guidelines for CE in GGR, and legal considerations on GGR. Conclusion GGR was characterized by special issues that require special CE considerations for such research. (shrink)

Modal counterpart theory identifies a thing’s possibly being F with its having a counterpart that is F at another possible world; temporal counterpart theory, the stage view, according to which people and other ordinary objects are instantaneous stages, identifies a thing’s having been F or going to be F, with its having a counterpart that is F at another time. Both counterpart theories invite what has been called ‘the argument from concern’ (Rosen, G. 1990. “Modal Fictionalism.” Mind 99 (395): 327–54). (...) Why should I be concerned about my counterparts at other possible worlds or other times? I care about how things might have gone for me—not how they go for other people at other possible worlds; I care about my prospects—not the way go for other people at other times. Jiri Benovsky has argued that while modal counterpart theory can be defended against this style of argument, temporal counterpart theory cannot (Benovsky, J. 2015. “Alethic Modalities, Temporal Modalities, and Representation.” Kriterion: Journal of Philosophy 29: 18–34). I argue that temporal counterpart theory, like modal counterpart theory, resists the argument from concern. (shrink)

Modal counterpart theory identifies a thing’s possibly being F with its having a counterpart that is F at another possible world; temporal counterpart theory identifies a thing’s having been F or going to be F, with its having a counterpart that is F at another time. Benovsky, J. 2015. “Alethic Modalities, Temporal Modalities, and Representation.” Kriterion: Journal of Philosophy 29: 18–34 in this journal endorses modal counterpart theory but holds that temporal counterpart theory is untenable because it does not license (...) the ascription of the intuitively correct temporal properties to ordinary objects, and hence that we should understand ordinary objects, including persons, as transtemporal ‘worms’. I argue that the worm theory is problematic when it comes to accounting for what matters in survival and that temporal counterpart theory provides a plausible account of personal persistence. (shrink)

Defining Mental Disorder: Jerome Wakefield and His Critics, edited by Denis Forest and Luc Faucher, is essential reading for students and researchers in philosophy of medicine whose work is informed by that of Jerome Wakefield, or the disease debate in general. If you are anything like me, this book will open the door to a new depth of understanding of the harmful dysfunction analysis (HDA) and its methodical underpinnings, and an enriched appreciation of what is at stake in defining medical (...) disorder. To those confident that they understand Wakefield’s view and the surrounding debate, thinking perhaps that they do not need a refresher, I would say: perhaps you do not understand it as well as you think. Defining Mental Disorder provides much more than an overview of previously well-trodden ground. The chapters themselves, and Wakefield’s own detailed responses, help to elucidate a number of methodological nuances and peculiarities that have rarely been covered in such depth before. I was startled to learn how philosophically complex Wakefield’s position actually is, and how shallow my own understanding of it has been. It emerges as a far more nuanced and sophisticated account than I had given it credit for, and one that deserves serious reevaluation. (shrink)

Until rather recently, philosophy, when practiced as a way of life, was, for most, a communal enterprise of mutually reinforced personal cultivation. It is time, yet again, to revitalize this lost, but vital, intercultural mode of philosophy.

In lieu of an abstract, here is a brief excerpt of the content:Medical Tourism:Crossing Borders to Access Health CareHarriet Hutson Gray (bio) and Susan Cartier Poland (bio)Traveling abroad for one's health has a long history for the upper social classes who sought spas, mineral baths, innovative therapies, and the fair climate of the Mediterranean as destinations to improve their health. The newest trend in the first decade of the twenty-first century has the middle class traveling from developed countries to those (...) with emerging economies to avoid treatment delays, prohibitive costs for life-saving procedures, or simply high costs for elective surgery. Others leave to have access to assisted suicide in countries that have legalized it: Belgium, The Netherlands, and Switzerland. This new era of globalization in health care has arrived without the benefit of international standards, government oversight, or ethical and legal review.Howard Staab, a self-employed carpenter from North Carolina, flew to India for his medically necessary heart surgery, scheduled a side trip to the Taj Mahal, and returned home to work in North Carolina. He spent a total of less than $10,000, instead of the $200,000 required from the local hospital (I, Milstein and Smith 2006).At first blush, the outsourcing of medical care to India seems to be a particular solution for a particular problem. However, the particularity of Mr. Staab is not unique. His experience is emblematic of those patients in the United States with a medical need for major and elective procedures, but who also must bear the total cost of these procedures. These middle-class, under-insured Americans go abroad.In tandem with increasingly aggressive marketing campaigns, American hospitals and companies have begun to leverage their connections in Asia to grow the medical tourism business into a major economic force. What are the consequences of this?Several authors point to the effect on the host country's population, particularly the poor, to be pushed farther down the queue to receive adequate, affordable care. Resources are applied to the foreign trade instead of building the local [End Page 193] medical infrastructure. Another potential problem is the obligation of the home-country physician to provide follow-up care. What are the legal ramifications when the procedure was illegal to begin with? Are there opportunities for redress for medical errors?These factors may be converging into a "perfect storm" for health care in the U.S., in which the potential participation of the major insurance companies in promoting offshore care will be the tipping point in the precarious structure that represents the economic currents in health care. Third-party administrators and self-funded employers may be on the cutting edge in 2009 by providing incentives to employees to travel overseas for care.I. Economic ConsiderationsConnell, John. Medical Tourism: Sea, Sun, Sand and... Surgery. Tourism Management 27: 1093–1100, 2006.As evidence of the interest of traditional tour operators in this newer twist on the industry, the author explores medical tourism as an element of the growth of world tourism. In promoting medical tourism, he urges consideration of such issues as the privatization of health care, the foundational role of technology, and uneven access to health resources.Dunn, Philip. Medical Tourism Takes Flight. H and HN: Hospitals and Health Networks: 40–44, November 2007.Writing for U.S. health care executives, Dunn emphasizes that the reality of medical tourism competes with the local medical center for patients and their insurance dollars in a significant way. He examines the possibility that U.S. insurance plans soon may offer to pay for what is currently a cash only business and that the economic impact to the local medical center could be significant or even devastating.Frontiers of Health Services Management [Selected Articles] 24 (2), Winter 2007.In "Managing Healthcare Services in the Global Marketplace" (pp. 3–18), Bruce J. Fried and Dean M. Harris consider legal, ethical, and financial implications of the international workforce. In "Globalization of Health Care" (pp. 19–30), Lynn Schroth and Ruthy Khawahja point out that the transfer of comprehensive management expertise and intellectual property from U.S. medical centers to international sites is driving the success of collaboration between U.S. and foreign health care centers. In "Is... (shrink)

At first blush, the notion a “feminist epistemology” appears, at best, peculiar—not, as Sandra Harding suggests, because “‘woman the knower’ appears to be a contradiction in terms” but because it is hard to see how an epistemology, a philosophical theory of knowledge, can be either feminist or anti-feminist since it is not clear how such a theory might benefit or harm women.

Utilising empirical ethics analysis, we evaluate the merits of systems proposed to increase deceased organ donation in South Africa. We conclude that SA should maintain its soft opt-in policy, and enhance it with ‘required transplant referral’ in order to maximise donor numbers within an ethically and legally acceptable framework. In SA, as is the case worldwide, the demand for donor organs far exceeds the supply thereof. Currently utilising a soft opt-in system, SA faces the challenge of how to increase donor (...) numbers in a context which is imbued with inequalities in access to healthcare, multiplicitous personal beliefs and practices, distrust of organ transplant and varying levels of education and health literacy. We argue that a hard opt-in, opt-out or mandated consent system would be problematic, and we present empirical data from Gauteng Province illustrating barriers to ethically sound practice in soft consent systems. Ultimately, we argue that in spite of some limitations, a soft opt-in system is most realistic for SA because its implementation does not require extensive public education campaigns at national level, and it does not threaten to further erode trust at a clinical level. However, to circumvent some of the clinical-level barriers identified in our empirical study, we propose a contextually sensitive option for “enabling” soft opt-in through “required transplant referral”. We argue that this system is legally defensible, enhances ethical practice and could also increase donor numbers as it has in many other countries. (shrink)

During the past four decades the governance of environmental problems – the definition of issues and their political and practical resolution – has evolved to include a wider range of stakeholders in more extensive open discussions. In the introduction to this issue of Environmental Values on ‘Environment, Policy and Participation’, we outline some features of these recent developments in participatory environmental governance, indicate some key questions that arise, and give an overview of the collection of papers in this special issue.

All authors in this symposium use a food regime perspective to ask questions about the present which—as these articles demonstrate—have several possible answers. History suggests a time perspective of 25–40 year cycles so far—a food regime 1870–1914, an experimental and chaotic era 1914–1947, and a food regime 1947–1973. It has been less than 40 years since 1973, when food regime analysts agree that a contested and experimental period began. There is no consensus on whether it has already ended or how (...) it might issue into a new food regime. The conversation is more fruitful than the conclusions. I intend these comments as an invitation to join in. (shrink)