Programs of drug testing welfare recipients are increasingly common in US states and have been considered elsewhere. Though often intensely debated, such programs are complicated to evaluate because their aims are ambiguous – aims like saving money may be in tension with aims like referring people to treatment. We assess such programs using a proportionality approach, which requires that for ethical acceptability a practice must be: reasonably likely to meet its aims, sufficiently important in purpose as to outweigh harms incurred, (...) and lower in costs than feasible alternatives. In the light of empirical findings, we argue that the programs fail the three requirements. Pursuing recreational drug users is not important in the light of costs incurred, while dependent users who may require referral are usually identifiable without testing and typically need a broader approach than one focussing on drugs. Drug testing of welfare recipients is therefore not ethically acceptable policy. (shrink)

Has moral relativism run its course? The threat of 9/11, terrorism, reproductive technology, and globalization has forced us to ask anew whether there are universal moral truths upon which to base ethical and political judgments. In this timely edited collection, distinguished scholars present and test the best answers to this question. These insightful responses temper the strong antithesis between universalism and relativism and retain sensitivity to how language and history shape the context of our moral decisions. This important and relevant (...) work of contemporary political and social thought is ideal for use in the classroom across many disciplines, including political science, philosophy, ethics, law, and theology. (shrink)

The St Bartholomew's Day Massacre of 1572 polarised French constitutional ideas. Appearing on one side was a radicalised version of the French constitution. On the other side was the theory of royal absolutism systematically developed by Bodin. The central thesis of this book is that Bodin's absolutism was as unprecedented as the doctrine it opposed. Prior to the 1570s the mainstream of the French tradition had been tentatively constitutionalist and Bodin himself had given strong expression to that tendency in his (...) Methodus of 1566. His earlier theory of sovereignty, elaborated in that work, was implicitly adapted to a notion of limited supremacy. Professor Franklin's aim is to explain how this absolutist view was formed. In doing so, he has clarified many of the notorious obscurities in Bodin's thought and since much of the absolutist doctrine of the seventeenth century was either based on Bodin's theory or relied on similar assumptions, this study will be of great importance and interest to scholars of a later period. (shrink)

According to reductionists about agency, an agent’s bringing something about is reducible to states and events involving the agent bringing something about. Many have worried that reductionism cannot accommodate robust forms of agency, such as self-determination. One common reductionist answer to this worry contends that self-determining agents are identified with certain states and events, and so these states and events causing a decision counts as the agent’s self-determining the decision. In this paper I discuss J. David Velleman’s identification reductionist theory, (...) according to which an agent is identified with his desire to make most sense of himself. I develop two constraints that an adequate identification reductionist theory must satisfy and show that Velleman’s theory cannot satisfy both. In particular, I argue that Velleman’s account founders on cases of self-determined self-transformation. (shrink)

Professor Franklin shows how the humanist approach of Jean Bodin and other French jurists of the 16th century led to a break, at least in principle, with the intellectual authority of Roman law and to the attempt to reconstruct juristic science through a comparison and synthesis of all the juridical experience of the most famous states.

In lieu of an abstract, here is a brief excerpt of the content:Looking to Learn: Museum Educators and Aesthetic EducationNancy Blume (bio), Jean Henning (bio), Amy Herman (bio), and Nancy Richner (bio)IntroductionMuseum education. Aesthetic education. How are they similar? How do they differ? How do they relate to each other? What are their goals? As museum educators working with classroom and art teachers, we are often asked these questions, and we ask them ourselves. “What do you DO?” is probably (...) the most frequently asked question of all, and the answer is complex. Even more complex is how these questions relate to the Rembrandt Project. Given that looking at original works of art is such a priority for museums and museum educators, how do we address the project’s reliance on technology? And how do these questions relate to the social studies and visual arts standards, [End Page 83] another major component of the project? How does the project relate to the work we do in our own museums? Writing collaboratively implies that we have certain areas of commonality; but we also have differences, which will be apparent in individual sections of this article: Jean Henning and Nancy Richner discuss the Nassau County Museum of Art, Nancy Blume writes about Asia Society, and Amy Herman explores the Frick Collection. Our focus will be the domain of museum education as that is what we know best, but there are inevitably areas where it overlaps and complements the domains of art education, aesthetic education, and social studies.Art Museum Education HistoryThe history of art museum education begins with the founding of museums in the United States during the commercial and industrial expansion that took place after the Civil War, between 1870 and 1929. The principles guiding American museums have always mirrored the values of American society. From the beginning of this country’s history, the fine arts have been viewed as elitist and thus of no value to the larger society. “To America,” Ben Franklin wrote in the late 1700s, “one school master is worth a dozen poets, and the invention of a machine or the improvement of an implement is of more importance than a masterpiece of Raphael.”1 Given such longstanding and deep-seated suspicion of art among Americans, it is not surprising that both the champions and the staff of art museums insisted on the practical educational benefits museums provided to the public.By the late nineteenth century, at the height of immigration and the emergence of a strong working class and labor movement, a social dimension was added to the mission of museum education. Art museums, like public libraries, were seen as venues for achieving social balance. By the early twentieth century an aesthetic agenda was finally joined to these social and pragmatic ones.2While museums have responded to the needs created by cyclical changes in social, economic, political, and intellectual life, today’s art museum educators still deal with the tension among the museum’s aesthetic, educational, and social missions; only the context and delivery modes of museum education have changed. Yet despite the shifting directions and priorities in museum education, there are certain basic and commonly accepted premises that museum educators have shared since the late nineteenth century. The 1984 Museums Commission on Museums for a New Century stated what has been the continuing premise of museum education since the late nineteenth century: learning in museums is based on objects and involves not only developing the ability to synthesize ideas and form opinions but also shaping an aesthetic and cultural sensibility.3 Another fundamental [End Page 84] assumption is that museums are institutions of visual instruction. Although each of the museum educators writing here represents a unique institution with unique approaches to looking at and finding meaning in art, we all agree on the importance of the original work of art as the basis for our work. It is the complexity of original artworks that enables them to play a dual role. One role is pragmatic, which requires meeting standards set by state and national governments for teaching critical thinking skills and improving literacy. The second role is aesthetic—namely, ways of helping students develop habits for aesthetic encounters that are an integral part... (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)

L'espere humaine est conflictuelle et gregaire, menacee de toutes parts par la montee aux extremes de la violence. Aussi se trouve-t-elle confrontee a ce probleme urgent: comment vivre ensemble sans s'entre-tuer? Le politique est l'ordre humain en charge de ce probleme, et son objectif est la paix par la justice. Dans ce bref precis didactique, Jean Baechler prouve que le seul moyen d'eviter la guerre et de resoudre des problemes communs dans un monde dangereux et imprevisible est de s'efforcer (...) a l'union politique, meme si celle-ci est bien evidemment extremement difficile a realiser. (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)

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)

This book is a study of an important revolution in the history of thought, a break-through on the twin fronts of law and history in which the outstanding campaigner, on both fronts, was Jean Bodin. Roman law was, from its revival in the eleventh down to the beginning of the sixteenth century, studied and interpreted in a very literal and textual fashion; it was assumed that the Codification of Justinian included all the legal wisdom there was and that the (...) function of the glossator was simply to show it forth. The sixteenth century philologists, led by Budé, raised serious doubts. And by the middle of the same century there was not merely a demand for a proper philological study of the texts but for a systematization of the vast mass of legal disposition that constituted the Corpus Iuris Civilis—jus in artem redigere. The result was an undermining of the authority of Roman law and a realisation that, while it might be an incomparable store of legal wisdom, there was no good reason for thinking that it was the only, or the best, system for actual conditions in sixteenth-century France. French customary law, which by now had been written down, was clearly adapted to the needs of the time in a way that Roman law never could be. This may seem obvious; but the realization of the obvious took time. And Bodin’s importance lies in his working out of a three-pronged comparative approach in his exposition of jus gentium, his comparative jurisprudence and his sociological theory of legal history. The stages in this revolution are fully documented by Professor Franklin in the first part of his book. (shrink)

Journal of Applied Philosophy, EarlyView.

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)

Many philosophers of science are ontologically committed to a lush rainforest of special science entities ), but are often reticent about the criteria that determine which entities count as real. On the other hand, the metaphysics literature is much more forthcoming about such criteria, but often links ontological commitment to irreducibility. We argue that the irreducibility criteria are in tension with scientific realism: for example, they would exclude viruses, which are plausibly theoretically reducible and yet play a sufficiently important role (...) in scientific accounts of the world that they should be included in our ontology. In this paper, we show how the inhabitants of the rainforest can be inoculated against the eliminative threat of reduction: by demonstrating that they are emergent. According to our account, emergence involves a screening off condition as well as novelty. We go on to demonstrate that this account of emergence, which is compatible with theoretical reducibility, satisfies common intuitions concerning what should and shouldn't count as real: viruses are emergent, as are trouts and turkeys, but philosophically gerrymandered objects like trout-turkeys do not qualify. (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)

This indispensible collection brings together feminist theory and cultural studies, looking at issues such as pop culture and the media, science and technology, ...

Jean Starobinski, one of Europe's foremost literary critics, examines the life that led Rousseau, who so passionately sought open, transparent communication with others, to accept and even foster obstacles that permitted him to withdraw into himself. First published in France in 1958, Jean-Jacques Rousseau remains Starobinski's most important achievement and, arguably, the most comprehensive book ever written on Rousseau. The text has been extensively revised for this edition and is published here along with seven essays on Rousseau that (...) appeared between 1962 and 1970. (shrink)

Animals obviously cannot have a right of free speech or a right to vote because they lack the relevant capacities. But their right to life and to be free of exploitation is no less fundamental than the corresponding right of humans, writes Julian H. Franklin. This theoretically rigorous book will reassure the committed, help the uncertain to decide, and arm the polemicist. Franklin examines all the major arguments for animal rights proposed to date and extends the philosophy in (...) new directions. _Animal Rights and Moral Philosophy_ begins by considering the utilitarian argument of equal respect for animals advocated by Peter Singer and, even more favorably, the rights approach that has been advanced by Tom Regan. Despite their merits, both are found wanting as theoretical foundations for animal rights. Franklin also examines the ecofeminist argument for an ethics of care and several rationalist arguments before concluding that Kant's categorical imperative can be expanded to form a basis for an ethical system that includes all sentient beings. Franklin also discusses compassion as applied to animals, encompassing Albert Schweitzer's ethics of reverence for life. He concludes his analysis by considering conflicts of rights between animals and humans. (shrink)

One of the strongest strands in Nancy's philosophy is an attempt to rethink community and the very idea of the social in a way that does not ground these ideas in some individual subject or subjectivity. The fundamental argument of this book is that being is always 'being with', that 'I' is not prior to 'we', that existence is essentially co-existence. He thinks this being together, not as a comfortable enclosure in a pre-existing group, but as a mutual abandonment and (...) exposure to each other, one that would preserve the 'I' and its freedom in a mode of imagining community as neither a 'society of spectacle' nor via some form of 'authenticity'. (shrink)

Plato’s Socrates says in the Phaedrus that we should “cut up each kind according to its species along its natural joints, and to try not to splinter any part, as a bad butcher might” (265e). In the Statesman Plato’s interlocutors make the similar suggestion that kinds should be divided from one another “limb by limb, like a sacrificial animal” (287c). This jointing metaphor is often used to illustrate the divisibility of the natural world into objective kinds or natural categories—such as (...) into particles like electrons, species, such as Homo sapiens, or even into sociological kinds like care-giver or psychological ones like fear. It has been thought that by dividing the world at its joints, we can lay bare the natural kinds; when we fail to so divide we splinter the world’s kinds like an incompetent butcher. In accordance with the metaphor, each bone in the animal body is likened to a category of things in the natural world. The claim that there is one natural set of joints at which we can physically separate the parts of the animal parallels the claim that there is a unique set of natural categories into which we should partition objects into species. Some, such as David Hull, say that this metaphor is “apt” (Hull 1989, 153) and others, like Ian Hacking, that it is “unsavory rubbish” (Hacking 1991, 111). Philip Kitcher is equally critical, writing that: “Plato gave us a vivid metaphor, suggesting that our classificatory task is like that of carving a beast at its joints. But that is just metaphor. I find it hard to give substance to the notion that nature is a beast with joints or that it comes with neat fenceposts that our scientific language must respect.”. (shrink)

This major study of Hobbes's political philosophy draws on recent developments in game and decision theory to explore whether the thrust of the argument in Leviathan, that it is in the interests of the people to create a ruler with absolute power, can be shown to be cogent. Professor Hampton has written a book of vital importance to political philosophers, political and social scientists, and intellectual historians.

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.

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)

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

Animals obviously cannot have a right of free speech or a right to vote because they lack the relevant capacities. But their right to life and to be free of exploitation is no less fundamental than the corresponding right of humans, writes Julian H. Franklin. This theoretically rigorous book will reassure the committed, help the uncertain to decide, and arm the polemicist. Franklin examines all the major arguments for animal rights proposed to date and extends the philosophy in (...) new directions. _Animal Rights and Moral Philosophy_ begins by considering the utilitarian argument of equal respect for animals advocated by Peter Singer and, even more favorably, the rights approach that has been advanced by Tom Regan. Despite their merits, both are found wanting as theoretical foundations for animal rights. Franklin also examines the ecofeminist argument for an ethics of care and several rationalist arguments before concluding that Kant's categorical imperative can be expanded to form a basis for an ethical system that includes all sentient beings. Franklin also discusses compassion as applied to animals, encompassing Albert Schweitzer's ethics of reverence for life. He concludes his analysis by considering conflicts of rights between animals and humans. (shrink)

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)

In this book it explores science and technology, makes connections between these epistemic, cultural, and political trends, and develops profound insights into the nature of our postmodernity.

The last and most poignant of these essays is The Intruder, Nancys philosophical meditation on his heart transplant.