The False Claims Act, 31 U.S.C. § 3729, a post-Civil War law inspired by cases of defense contracting fraud, was revitalized in 1986. Since then it has been used to sue both manufacturers and providers of pharmaceuticals. In some cases, these suits were meant to target offlabel marketing of pharmaceuticals. In 2009, the 11th Circuit rendered a decision in Hopper v. Solvay Pharmaceuticals that dramatically limits the ability of private plaintiff whistle-blowers to bring qui tam suits under the FCA for (...) such marketing. In June 2010, the Supreme Court denied certiorari, making the Circuit court decision final. The Solvay decision creates a significant barrier to certain kinds of qui tam suits, requiring the plaintiff to demonstrate the intent to market off-label, including by showing specific prescriptions that were written as a result of efforts to do so. (shrink)

With the publication of this book psychotherapy finally arrives at the mainstream of mental health practice. This volume is an essential companion for every practising psychiatrist, clinical psychologist, psychotherapy counsellor, mental health nurse, psychotherapist, and mental health practitioner. It is integrative in spirit, with chapters written by an international panel of experts who combine theory and research with practical treatment guidelines and illustrative case examples to produce an invaluable book. Part One gives a comprehensive account of all the major psychotherapeutic (...) approaches. Parts Two and Three systematically describe psychotherapeutic approaches to the major psychiatric disorders and personality disorders. Many chapters are multi-authored and describe the psychodynamic, cognitive behavioural and other approaches for treating these illnesses. Part Four examines applications and modifications of psychotherapy across the lifecycle. Part Five describes psychotherapy with specific populations such as medical patients and those where gender is an issue, and finally Part Six tackles some of the special topics of concern to psychotherapists including ethics, legal issues, and psychotherapy and neuroscience. The first of its kind, this is a 'must have' volume for all trainee and practising psychological therapists, whatever their background - psychiatry, psychology, social work, or nursing. (shrink)

BackgroundThe pursuit of a cure for HIV is a high priority for researchers, funding agencies, governments and people living with HIV (PLWH). To date, over 250 biomedical studies worldwide are or have been related to discovering a safe, effective, and scalable HIV cure, most of which are early translational research and experimental medicine. As HIV cure research increases, it is critical to identify and address the ethical challenges posed by this research.MethodsWe conducted a scoping review of the growing HIV cure (...) research ethics literature, focusing on articles published in English peer-reviewed journals from 2013 to 2021. We extracted and summarized key developments in the ethics of HIV cure research. Twelve community advocates actively engaged in HIV cure research provided input on this summary and suggested areas warranting further ethical inquiry and foresight via email exchange and video conferencing.DiscussionDespite substantial scholarship related to the ethics of HIV cure research, additional attention should focus on emerging issues in six categories of ethical issues: (1) social value (ongoing and emerging biomedical research and scalability considerations); (2) scientific validity (study design issues, such as the use of analytical treatment interruptions and placebos); (3) fair selection of participants (equity and justice considerations); (4) favorable benefit/risk balance (early phase research, benefit-risk balance, risk perception, psychological risks, and pediatric research); (5) informed consent (attention to language, decision-making, informed consent processes and scientific uncertainty); and (6) respect for enrolled participants and community (perspectives of people living with HIV and affected communities and representation).ConclusionHIV cure research ethics has an unfinished agenda. Scientific research and bioethics should work in tandem to advance ethical HIV cure research. Because the science of HIV cure research will continue to rapidly advance, ethical considerations of the major themes we identified will need to be revisited and refined over time. (shrink)

This case study describes the design, learning experiences, and student outcomes in one Instructional Design course with an explicit focus on globally competent teaching. We make the argument that forefronting global competence in an Instructional Design course, prior to social studies methods, is a necessary precursor to accelerate students’ progress on a pathway towards teaching for global competence. In support of this argument, we (a) describe the ways in which an Instructional Design course in one university forefronted global competence; (b) (...) explain the short- and long-term outcomes of this design; and (c) highlight four students to illustrate how the Instructional Design course helped to move students along a pathway towards global competence. We nest our approach within a globally competent teaching framework. (shrink)

We describe a formalization of asymptotic O notation using the Isabelle/HOL proof assistant.

Since its founding in the nineteenth century, social anthropology has been seen as the study of exotic peoples in faraway places. But today more and more anthropologists are dedicating themselves not just to observing but to understanding and helping solve social problems wherever they occur--in international aid organizations, British TV studios, American hospitals, or racist enclaves in Eastern Europe, for example. In Exotic No More , an initiative of the Royal Anthropological Institute, some of today's most respected anthropologists demonstrate, in (...) clear, unpretentious prose, the tremendous contributions that anthropology can make to contemporary society. They cover issues ranging from fundamentalism to forced migration, child labor to crack dealing, human rights to hunger, ethnicity to environmentalism, intellectual property rights to international capitalisms. But Exotic No More is more than a litany of gloom and doom the essays also explore topics usually associated with leisure or "high" culture, including the media, visual arts, tourism, and music. Each author uses specific examples from their fieldwork to illustrate their discussions, and 62 photographs enliven the text. Throughout the book, the contributors highlight anthropology's commitment to taking people seriously on their own terms, paying close attention to what they are saying and doing, and trying to understand how they see the world and why. Sometimes this bottom-up perspective makes the strange familiar, but it can also make the familiar strange, exposing the cultural basis of seemingly "natural" behaviors and challenging us to rethink some of our most cherished ideas--about gender, "free" markets, "race," and "refugees," among many others. Contributors: William O. Beeman Philippe Bourgois John Chernoff E. Valentine Daniel Alex de Waal Judith Ennew James Fairhead Sarah Franklin Michael Gilsenan Faye Ginsburg Alma Gottlieb Christopher Hann Faye V. Harrison Richard Jenkins Melissa Leach Margaret Lock Jeremy MacClancy Jonathan Mazower Ellen Messer A. David Napier Nancy Scheper-Hughes Jane Schneider Parker Shipton Christopher B. Steiner. (shrink)

Is the mechanism behind presupposition projection and filtering fundamentally asymmetric or symmetric? This is a foundational question for the theory of presupposition which has been at the centre of attention in recent literature :287–316, 2008b. https://doi.org/10.1515/THLI.2008.021, Semant Pragmat 2:1–78, 2009. https://doi.org/10.3765/sp.2.3; Rothschild in Semant Pragmat 4:1–43, 2011/2015. https://doi.org/10.3765/sp.4.3 a.o.). It also bears on broader issues concerning the source of asymmetries observed in natural language: are these simply rooted in superficial asymmetries of language use ; or are they, at least in (...) part, directly encoded in linguistic knowledge and representations? In this paper we aim to make progress on these questions by exploring presupposition projection across conjunction, which has traditionally been taken as a central piece of evidence that presupposition filtering is asymmetric in general. As a number of authors have recently pointed out, however, the evidence which has typically been used to support this conclusion is muddied by independent issues concerning redundancy; additional concerns have to do with the possibility of local accommodation. We report on a series of experiments, building on previous work by Chemla and Schlenker :177–226, 2012. https://doi.org/10.1007/s11050-012-9080-7) and Schwarz Experimental perspectives on presuppositions, Springer, Cham, 2015), using inference and acceptability tasks, which aim to control for both of these potential confounds. In our results, we find strong evidence for left-to-right filtering across conjunctions, but no evidence for right-to-left filtering—even when right-to-left filtering would, if available, rescue an otherwise unacceptable sentence. These results suggest that presupposition filtering across conjunction is asymmetric, contra suggestions in the recent literature :157–212, 2008a. https://doi.org/10.1515/THLI.2008.013, 2009 a.o.), and pave the way for the investigation of further questions about the nature of this asymmetry and presupposition projection more generally. Our results also have broader implications for the study of presupposition: we find important differences in the verdicts of acceptability versus inference tasks in testing for projected content, which has both methodological ramifications for the question of how to distinguish presupposed content, and theoretical repercussions for understanding the nature of projection and presuppositions more generally. (shrink)

Let F be the set of functions from an infinite set, S, to an ordered ring, R.

In May 1973 a new collaboration between NASA, the Indian Health Service, and the Lockheed Missiles and Space Company promised to transform the way members of the Papago (now Tohono O’odham) Tribe of southern Arizona accessed modern medicine. Through a system of state-of-the-art microwave relays, slow-scan television links, and Mobile Health Units, the residents of the third-largest American Indian reservation began to access physicians remotely via telemedical encounters instead of traveling to distant hospitals. Examining the history of the STARPAHC (Space (...) Technology Applied to Rural Papago Advanced Health Care) project from the perspective of NASA and its contractors, from the perspective of the Indian Health Service, and from the perspective of O’odham engineers and health professionals offers a new focus, emphasizing the American Indian reservation as a site of medical research and technological development in the late twentieth century, with specific attention to the promise of information technology to address health disparities and the role of American Indians as actors in the late twentieth-century history of science, technology, and medicine. (shrink)

Over the past century, the tremendous concentration of power in the modern state has frequently been a threat to the life and liberty of individuals and social groups. Liberal democracy seeks to harness state power to the causes of individual freedom and public benefit - through such means as constitutional limits on and separation of powers, free and regular elections, and the vigilance of citizens, parliaments and media. This collection of essays offers perspectives on the difficulties of establishing and sustaining (...) a modern liberal democratic state. These themes are pursued through subjects ranging from the extreme abuses of power by Nazi regime to the misuse of power by executive government in the "WA Inc" years, from the quest for a genuinely republican Australia to the role of trust and suspicion in liberal democracy, from the alleged decline of the state in a globalizing world to the construction of a new state in East Timor, and from the importance of free scholarship to the role of deliberative polling in enhancing the democratic process. The late Patrick O'Brien, scholar, teacher, public intellectual and political activist, believed passionately in the importance of personal liberty and in the firm and transparent regulation of the exercise of power. This book celebrates O'Brien's life and intellectual engagements, and demonstrates the enduring importance of the key themes of his work. (shrink)

Solovay has shown that if $\cal{O}$ is an open subset of $P(\omega)$ with code $S$ and no infinite set avoids $\cal{O}$ , then there is an infinite set hyperarithmetic in $S$ that lands in $\cal{O}$ . We provide a direct proof of this theorem that is easily formalizable in $ATR_0$.

In recent years several scholars have wrestled with the term “poetic thought,” suggesting in various ways there is something distinctive about the nature of meaning as it occurs/unfolds through poetry. In this paper I suggest, in part following the lead of Simon Jarvis, that one of the most fruitful lines of inquiry for exploring this idea lies in a consideration of poetic works through the lens of Heidegger’s early phenomenology. Specifically, I argue that one of the keys to understanding poetic (...) thought lies in a flaw within Heidegger’s ontological divisions between substances, equipment and Dasein, as presented in Being and Time. Through an analysis of three poems by Frank O'Hara, I argue poetry that examines and represents the physical world presents a problem for Heidegger when he suggests equipment in the world must necessarily “withdraw” in order for us to engage with it authentically. To address this, the term environment-at-hand is introduced to describe the relationship between art... (shrink)

Jeremy Bentham, the philosopher and reformer, was at the height of his fame and influence in the 1820s. The 301 letters in this volume, many of which are previously unpublished, contain correspondence with international leaders such as Simn Bolvar, the 'Liberator', and Bernardino Rivadavia of Buenos Aires, British statesmen such as Robert Peel and Henry Brougham, and leading intellectuals such as John Stuart Mill and Sarah Austin.

Jeremy Bentham, the philosopher and reformer, was at the height of his fame and influence in the 1820s. The 301 letters in this volume, many of which are previously unpublished, contain correspondence with international leaders such as Simón Bolívar, the 'Liberator', and Bernardino Rivadavia of Buenos Aires, British statesmen such as Robert Peel and Henry Brougham, and leading intellectuals such as John Stuart Mill and Sarah Austin.

In order to graduate, Florida's high school students by law must learn that Communism is evil, dangerous, and fallacious. All students must learn that the U.S. produces the highest standard of living and more freedom than any other economic system on earth. State universities in Florida are creating a curriculum to implement the Americanism versus Communism Act of 1961 and the Free Enterprise and Consumer Education Act of 1975. ;The Florida Department of Education says that ideology, noncritical thinking, is superior (...) to critical thinking and that the superiority of the U.S. political economy and the dignity of the individual rest in part on peoples' being able to express themselves freely. ;Florida's A.V.C. and F.E.C.E.A. proponents have a special way of convincing audiences that they will develop loyalty while at the same time imposing a set of ideas not open to question. ;This work argues that, intentionally or not, Florida's legislature and Department of Education have set up an official ideology and the mechanism to purvey it. This ideological approach defeats the aim of comparing systems objectively. While the stated aim is to promote critical thinking, the D.O.E.'s special philosophy underscoring words like "democracy" results in indoctrinating students with a questionable description of the U.S. system. (shrink)

Spacetime, International Research Library of Philosophy, Dartmouth Publishing, 1996. From Physics to Philosophy, C.U.P., 1999. The Arguments of Time, British Academy and O.U.P., 1999. Non-Locality and Modality, Kluwer Academic, 2002. Quantum Entanglements, Selected Papers of Rob Clifton, O.U.P., 2004.

From ancient times to the beginning of the nineteenth century, mathematics was commonly viewed as the general science of quantity, with two main branches: geometry, which deals with continuous quantities, and arithmetic, which deals with quantities that are discrete. Mathematical logic does not fit neatly into this taxonomy. In 1847, George Boole [1] offered an alternative characterization of the subject in order to make room for this new discipline: mathematics should be understood to include the use of any symbolic calculus (...) “whose laws of combination are known and general, and whose results admit of a consistent interpretation.” Depending on the laws chosen, symbols can just as well be used to represent propositions instead of quantities; in that way, one can consider calculations with propositions on par with more familiar arithmetic calculations. Despite Boole’s efforts, logic has always held an uncertain place in the mathematical community. This can partially be attributed to its youth; while number theory and geometry have their origins in antiquity, mathematical logic did not emerge as a recognizable discipline until the latter half of the nineteenth century, and so lacks the provenance and prestige of its elder companions. Furthermore, the nature of the subject matter serves to set it apart; as objects of mathematical study, formulas and proofs do not have the same character as groups, topological spaces, and measures. Even distinctly mathematical branches of contemporary logic, like model theory and set theory, tend to employ linguistic classifications and measures of complexity that are alien to other mathematical disciplines. The Birth of Model Theory, by Calixto Badesa, describes a seminal step in the emergence of logic as a mature mathematical discipline. As its title suggests, the focus is on one particular result, now referred to as the L¨owenheim-Skolem theorem, as presented in a paper by L¨owenheim in 1915. But the book is, more broadly, about the story of the logic community’s gradual coming to the modern distinction between syntax and semantics, that is, between systems of symbolic expressions and the meanings that can be assigned to them.. (shrink)

This twelfth volume of Correspondence contains authoritative and fully annotated texts of all known letters sent both to and from Bentham between July 1824 and June 1828. The 301 letters, most of which have never before been published, have been collected from archives, public and private, in Britain, the United States of America, Switzerland, France, Japan, and elsewhere, as well as from the major collections of Bentham Papers at University College London Library and the British Library.In mid-1824 Bentham was still (...) preoccupied with the Greek struggle for independence against Turkey, though his active involvement waned as he became disenchanted with the behaviour of the deputies sent to London by the Greek National Assembly. His international reputation was reflected in his continuing contact with Simón Bolívar and Bernardino Rivadavia in South America, and with John Quincy Adams, John Neal, Henry Wheaton, and others in the United States, and his forging of new contacts in Guatemala, India, and Egypt. In the autumn of 1825 he visited France, where he stayed with Jean Baptiste Say and La Fayette, and was fêted by the French liberals.Bentham made considerable progress drafting material for his pannomion, or complete code of laws, and in particular for his Constitutional and Procedure Codes, while John Stuart Mill edited the massive Rationale of Judicial Evidence. Bentham became increasingly active in the cause of law reform, and exchanged a series of letters on the subject with Robert Peel, the Home Secretary, and Henry Brougham. He maintained his friendships with John and Sarah Austin, George and Harriet Grote, James and John Stuart Mill, John Bowring, Joseph Hume, Francis Burdett, Francis Place, and Joseph Parkes, re-established contact with the third Marquis of Lansdowne, son of his old friend the first Marquis, and made new acquaintances in James Humphreys, Sutton Sharpe, and Albany Fonblanque. (shrink)

The author argues that philosophers' attempts to use philosophy of language to solve problems of jurisprudence have often failed- the most dramatic failure being that of Jeremy Bentham. H.L.A.Hart made some related mistakes in his creative use of philosophy of language, yet his focus on language still yields some very significant insights for jurisprudence: the context principle (that the correct application of linguistic expressions typically depends on context in ways that are important for jurisprudence), the diversity principle (that grounds (...) of correct application of legal language may be diverse), and the importance of vagueness. (shrink)

First published in 1991, The Greatest Happiness Principle traces the history of the theory of utility, starting with the Bible, and running through Plato, Aristotle, and Epicurus. It goes on to discuss the utilitarian theories of Jeremy Bentham and John Stuart Mill in detail, commenting on the latter's view of the Christianity of his day and his optimal socialist society. The book argues that the key theory of utility is fundamentally concerned with happiness, stating that happiness has largely been (...) left out of discussions of utility. It also goes on to argue that utility can be used as a moral theory, ultimately posing the question, what is happiness? (shrink)

This instalment is a reworking of the paper I gave at the meeting in Oxford in 2002 to a very small audience who I thank heartily for their patience and comments. I tried there to muse upon some ideas precipitated by reading two books by Jeremy Waldron, a legal philosopher whose work I find succeeds in being interesting and accessible without sacrificing technical content. I first came across his work whilst working on my PhD and was fascinated by his (...) approach and learning — even when I did not understand or agree with him. In one paper he made a point that struck a very important chord with me in relation to questions of participation within development:Philosophers who talk about rights should pay much more attention than they do to the processes by which decisions are taken in a community under circumstances of disagreement. Theories of rights need to be complemented by theories of authority, whose function it is to determine how decisions are to be taken when the members of a community disagree about what decision is right.I would like to suggest that within the Development Industry it is not only philosophers who need to pay more attention to these issues, but also development professionals who work with issues of governance as well as participation at the grass roots. This is not an obvious linkage, I admit, but one which I hope thisdiary entry will make clear.I will try to show that acknowledging disagreement within the legislative and judicial fields might actually be a positive move. And, as Waldron also indicates, that there is something dynamic and positive about the participation of people in processes. I will examine some current thinking on participation in development projects and ask whether current practices may be hindering the 'freedom to disagree'. I conclude that the failure to address some aspects of development practice relating to power and the possibility of disagreement is an issue. I highlight some factors which inhibit participation and suggest they flow from failures to develop strategies that foster local participation in contexts where local people often lack the formal' knowledge they need if they are to negotiate successfully with what James C Scott has called 'institutional privilege.'. (shrink)

This instalment is a reworking of the paper I gave at the meeting in Oxford in 2002 to a very small audience who I thank heartily for their patience and comments. I tried there to muse upon some ideas precipitated by reading two books by Jeremy Waldron, a legal philosopher whose work I find succeeds in being interesting and accessible without sacrificing technical content. I first came across his work whilst working on my PhD and was fascinated by his (...) approach and learning — even when I did not understand or agree with him. In one paper he made a point that struck a very important chord with me in relation to questions of participation within development:Philosophers who talk about rights should pay much more attention than they do to the processes by which decisions are taken in a community under circumstances of disagreement. Theories of rights need to be complemented by theories of authority, whose function it is to determine how decisions are to be taken when the members of a community disagree about what decision is right.I would like to suggest that within the Development Industry it is not only philosophers who need to pay more attention to these issues, but also development professionals who work with issues of governance as well as participation at the grass roots. This is not an obvious linkage, I admit, but one which I hope thisdiary entry will make clear.I will try to show that acknowledging disagreement within the legislative and judicial fields might actually be a positive move. And, as Waldron also indicates, that there is something dynamic and positive about the participation of people in processes. I will examine some current thinking on participation in development projects and ask whether current practices may be hindering the 'freedom to disagree'. I conclude that the failure to address some aspects of development practice relating to power and the possibility of disagreement is an issue. I highlight some factors which inhibit participation and suggest they flow from failures to develop strategies that foster local participation in contexts where local people often lack the formal' knowledge they need if they are to negotiate successfully with what James C Scott has called 'institutional privilege.'. (shrink)

Albert O. Hirschman was a development economist and political theorist whose work is essential reading for anyone interested in understanding how economic life figures in the political worlds we inhabit and the ways in which we give meaning to our lives in market-based societies. Perhaps best known for the distinction between 'exit' and 'voice', Hirschman was a prolific theorist who wrote about the role individual moral virtue and individual self-interest should play in economic activity, how economic growth in the developing (...) world might best be achieved, and the reactionary rhetoric of neo-conservative politicians in the late 1980s, to list but some of the areas he covered. Hirschman's writing was elegant; further, he understood the importance of the well-chosen word. He was, as this new biography by Jeremy Adelman shows, an economist for whom the essays of Montaigne were as important as the writings of Ricardo and Smith. (shrink)

En el marco ambiental del XIX se produce la penetración de Jeremy Bentham en el horizonte intelectual salmantino. Bentham el filósofo-legislador se avenía perfectamente con el espíritu de renovación jurídico y política que se respiraba en los círculos más inquietos de la Universidad de Salamanca a comienzos del siglo XIX. El método utilitarista de Bentham propiciaba una vía nueva para fundamentar una ética jurídica y política a posteriori; en vista de los resultados dolorosos y placenteros del acto humano y (...) de sus repercusiones prósperas o nocivas en el plano social. De ahí, que la minoría intelectual que en la Universidad de Salamanca aspiraba a una profunda revisión de los esquemas didácticos vigentes eligiera la doctrina de Bentham como la más adecuada y eficaz para el logro de sus propósitos. (shrink)

This paper pr o vides an o v e r vi e w of the themes presented in Bentha m ' s w ork Scotch Reform -a n e w w ork being prepared for pu b lication from Bentha m ' s manuscripts b y Oxford Un i v ersity Press as pa r t of the Collected Works of Jeremy Bentham. Attention is focused on the relationship bet w een the system of l e g al procedure (...) proposed and the under l ying principle of utili t y . T w o issues are highlighte d , the nature of Bentha m ' s anti-nomian thesis for c i vil cou r ts and the parad o x of requiring restraint on the judicial control of c i vil procedure, w hilst simultaneous l y rem o ving all r ules of action and all o wing increased judicial discretion. (shrink)

Jeremy Bentham es unánimemente reconocido como un filósofo político y del derecho de primera fila; también es muy reconocido como economista o teórico de la economía; desde luego, es considerado como uno de los grandes reformadores sociales del siglo XIX; incluso, recientemente, desde el último cuarto del siglo XX, ha comenzado a ser visto como uno de los grandes expertos clásicos en historia de la sexualidad y como un pensador radical en este ámbito. Pero ¿fue Bentham un gran filósofo, (...) especialmente un gran filósofo moral? (shrink)

Los golpes de la historia parecieran, en los últimos tiempos, endurecerse. O es quizá la manera insistente que tienen de amontonarse, uno tras otro, la que los vuelve más agudos. Entretanto, hay respiros, y preguntas. Sobre cómo actuar políticamente en este contexto, sobre cómo sostener la apuesta por la igualdad democrática en un mundo que frente al caos se debate entre la restauración y el conformismo. En eso y mucho más pensé al leer el libro de Jérémie Duhamel, Les vertus (...) de la liberté. Machiavel et la critique de la domination, publicado recientemente en París, en Classiques Garnier. No pretendo dar aquí una lectura exhaustiva de la obra, tampoco proponer un ejercicio crítico. Intento, simplemente, articular una breve reflexión, lateral, aunque comprometida, sobre aquello que el Maquiavelo de Jérémie Duhamel puede aportarnos para pensar la situación actual... (shrink)

O trabalho parte do “paradoxo da tolerância” de Karl Popper para investigar as fronteiras e os limites jurídicos ao que se concebe como (in) tolerante, no que passou a ser definido enquanto discurso de ódio na atualidade. Assim, aborda-se o que Popper considera como riscos da tolerância ilimitada e possibilidade de superação do conflito através da racionalidade no âmbito da linguagem, confrontando-se com a perspectiva e classificação adotada por Rainer Forst do conceito de tolerância e seus respectivos limites, bem como (...) sua adequação jurídica quanto ao tratamento dado ao “discurso de ódio” como definido e explorado por Jeremy Waldron. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:BOOK REVIEWS 117 Undoubtedly Heidegger's detractors will find in this essay the hallmarks of what they abhor: forced interpretations, dubious etymologies, and overblown claims. Heidegger's followers, on the other hand, will maintain that this essay further enhances his already sure reputation as the most profound and original metaphysician of our time. Those less committed one way or the other will at least find Heidegger's latest dialogue with his philosophical (...) forebears provocative and stimulating. PETER Fuss University o/California,Riverside Jeremy Bentham: An Odyssey of Ideas. By Mary P. Mack. (New York: Columbia University Press, 1963. Pp. xiii + 482. $7.50.) Since this is only the first of two projected volumes about Bentham, only an interim report will be possible. The study extends from its subject's birth in 1748 to the death of his father in 1792, when the 44-year-old thinker, on the way to becoming a radical democrat at the height of the French Revolution, found himself endowed with half of the fortune which had supported his father's crusty Toryism. Consequently, it is a story of rebellion and partial escape from the ancestral world of law in the direction of the promises of the new science, culminating in a career devoted to an almost incredible variety of reforms. That Bentham deserves this "first full-scale study of his thought and times in over sixty years" can hardly be doubted in view of the many part-views and caricatures which he brought upon himself by his many elderly eccentricities. This biographer sees him frankly as "one of the most subtle and powerful analytic minds in the history of Western civilization... a great man who has often been misunderstood and therefore undervalued" (pp. xi, 5). She proposes to remedy the situation by the adoption of a fresh perspective that will enable the reader to "see him whole." That admirable resolution faces formidable obstacles, as every student of Bentham knows. It is about like attempting to map a vast, swampy wilderness from an airplane. For Bentham's "odyssey of ideas" was a true wandering among a profusion of them, beginning and abandoning one project after another in a troubled period of change. The dilemma faced by the author is a cruel one: to give an authentic account of Bentham historically she must reproduce the chaotic carelessness of much of his philosophizing ; while to seek to rear a consistent philosophical system from the sketches to be found in the great masses of his wordage, often mingled and mangled by the glosses of disciples, is to lose touch with the man. In Bentham we are dealing with a writer who was always communicating and frequently talking about communication without ever having mastered the art of cumulative philosophical argument. He was more intent upon being fertile than upon being consistent. His mind kept on growing for decades, which meant that he was constantly outgrowing his earlier interests and insights. His eager and all-devouring curiosity became a veritable seed-bed of suggestions from which sprouted an unmatched array of proposals of specific reforms. Yet the story of his many projects resembles that of another seminal contemporary, Henri de Saint-Simon. The perpetual mobility of intellect which marked them both is summed up in Mary Mack's reiterated comment: "Once again Bentham ran from a good thing to a better, and left only fragments behind him" (p. 417). The philosophical underpinning of his doctrines was never quite complete. As Benjamin Franklin once said of himself in the 118 HISTORY OF PHILOSOPHY role of scientist, Bentham was a good "starter of game" for the guns of others to bring down. As portrayed with accuracy in this study, Bentham became in time an intensely pragmatic thinker, passionately desirous not only of showing the directions which reforms ought to take but also of bringing them to pass. He searched incessantly for the right audience, that is, the one with the power to improve the world according to his enlightened ideas. He began by appealing to the elite, and then turned in disgust to the people. His score as a practical reformer amounted to one long series of rebuffs, transformed after his death into... (shrink)

Jeremy Bentham reconoció que la arquitectura tenía una gran influencia en la conducta del gobierno. Recomendaba que la arquitectura de los edificios en los que los funcionarios llevaban a cabo sus tareas ­-fuesen cámaras de debate legislativo, despachos gubernamentales, tribunales o prisiones- debería asegurar que todos los actos estuvieran constantemente abiertos a la inspección pública, a menos que hubiera fuertes razones para el secreto. Al lograr la publicidad de los actos oficiales, Bentham esperaba fijar la responsabilidad por parte de (...) los funcionarios, que estarían así sujetos a la amenaza de las sanciones impuestas por lo que Bentham denominó el tribunal de la opinión pública. Bentham creía que la diferencia entre un gobierno despótico y otro libre no radicaba en el monto de poder que cada uno podía ejercer, sino primariamente en la libertad de discusión y la publicidad. En su pensamiento constitucional maduro, Bentham sostuvo que sólo bajo una democracia representativa se aseguraría una publicidad completa, y así se promovería el bienestar de toda la comunidad. (shrink)

In this article the author focuses mainly in the last part of Ronald Dworkin´s Justice for Hedgehogs and in his argument for a partnership conception of democracy. For that purpose, first, he recalls some of the main features that Dworkin had advanced in previous but intrinsically related works, about political morality, equality and democracy; second, he reassess the arguments for a partnership conception of democracy; third, he reconsiders the resistance produced by Jeremy Waldron in his “A Majority in the (...) Lifeboat” and the response provided by Dworkin, but since it may appear insufficient, he intends to present an alternative —or complemen- tary— riposte in order to meet Waldron’s challenge; and, finally, he insists in the importance of taking Ronald Dworkin seriously.Resumen:En este artículo el autor se enfoca principalmente en la última parte de Justice for Hedgehogs (Justicia para erizos), de Ronald Dworkin y en su argumento a favor de la concepción asociativa o societaria de democracia. Para tal propósito, primero, recuerda algunas de las características centrales que Dworkin ha adelantado en obras anteriores, pero intrínsecamente relacionadas, acerca de moralidad política, la igualdad y la democracia; segundo, reevalúa los argumentos a favor de la concepción asociativa o societaria de democracia; tercero, reconsidera la resistencia producida por Jeremy Waldron en su “A Majority in the Lifeboat” (“Una mayoría en el bote salvavidas”), y la respuesta ofrecida por Dworkin, pero toda vez que puede parecer insuficiente, trata de presentar una respuesta alternativa —o complementaria— para responder al reto de Waldron. Finalmente insiste en la importancia de tomar a Ronald Dworkin seriamente. (shrink)