This article challenges the generally accepted dogma that reliance is an essential ingredient in contractual formation. We argue that this view has resulted from an erroneous interpretation of the relevant case law, failure to cite contrary authority, and the elevation of often oblique judicial references to the need for reliance to the status of fundamental contractual principle. Contractual theory and clear policy reasons support our position that in English law a contractual obligation subsists when a person, knowing of a promise, (...) performs the stipulated act (or gives the promise) requested by the promisor, even though that person has not relied on the promise. (shrink)

Preface Phillip R. Sloan, Gerald McKenny, Kathleen Eggleson pp. xiii-xviii In November of 2009, the University of Notre Dame hosted the conference “Darwin in the Twenty-First Century: Nature, Humanity, and God.‘ Sponsored primarily by the John J. Reilly Center for Science, Technology, and Values at Notre Dame, and the Science, Theology, and the Ontological Quest project within the Vatican Pontifical... 1. Introduction: Restructuring an Interdisciplinary Dialogue Phillip R. Sloan pp. 1-32 Almost exactly fifty years before the Notre (...) Dame conference, the world’s largest centenary commemoration of Darwin’s legacy was held at nearby University of Chicago. This event, organized by a committee spearheaded by University of Chicago anthropologist Sol Tax, drew nearly 2,500 registrants. In attendance were the primary leaders... Part 1. Nature 2. Evolution through Developmental Change: How Alterations in Development Cause Evolutionary Changes in Anatomy Scott F. Gilbert pp. 35-60 For the past half-century, the mechanisms of evolution have been explained by the fusion of genetics and evolutionary biology called “the Modern Synthesis.‘ The tenets of the Modern Synthesis have been generally formulated as such: 1. There is genetic variation within the population. 2. There is competition... 3. The Evolution of Evolutionary Mechanisms: A New Perspective Stuart A. Newman pp. 61-89 The Modern Evolutionary Synthesis, based on Charles Darwin’s concept of natural selection in conjunction with a genetic theory of inheritance in a population-based framework, has been, for more than six decades, the dominant scientific perspective for explaining the diversity of living organisms. In recent years, however, with the growth... 4. The Evolvability of Organic Forms: Possible, Likely, and Unlikely Change from the Perspective of Evolutionary Developmental Biology Alessandro Minelli pp. 90-115 Confronted with the extraordinary diversity of animal form, we can ask questions about function and adaptation. How does this animal move? How does it feed? How does it defend itself from its enemies? But we can also ask questions about development, reproduction, and heredity. What mechanisms produce these forms? How are these... 5. Accident, Adaptation, and Teleology in Aristotle and Darwinism David J. Depew pp. 116-143 Charles Darwin framed the Origin of Species to meet criteria for inductive science set out by John Herschel in his Preliminary Discourse on the Study of Natural Philosophy. Accordingly, he was distraught when he learned that Herschel, to whom he had sent a copy of his newly published book, was not... 6. The Game of Life Implies Both Teleonomy and Teleology Gennaro Auletta, Ivan Colagè, Paolo D’Ambrosio pp. 144-164 The present contribution is mainly aimed at suggesting the importance of teleonomy and teleology as explanatory mechanisms in biology in the light of recent achievements in the field, and at showing that they play an actual and relevant role in the realm of life. The issue of finality in biology still provokes lively debates in the... Part 2. Humanity 7. Humanity’s Origins Bernard Wood pp. 167-181 One of Charles Darwin’s many achievements is that he began the process of converting the Tree of Life from a religious metaphor into a biological reality. All types of living organisms, be they animals, plants, fungi, bacteria, or viruses, are at the end of twigs that reach the surface of the Tree of Life, and all the types of organisms... 8. Darwin’s Evolutionary Ethics: The Empirical and Normative Justifications Robert J. Richards pp. 182-200 In the increasingly secular atmosphere of the nineteenth century, intellectuals grew wary of the idea that nature had any moral authority. In an earlier age, one might have looked upon the dispositions of nature as divinely sanctioned, and thus one could call upon natural law to ground moral judgment. Certain behaviors, for instance, might have... 9. Crossing the Milvian Bridge: When Do Evolutionary Explanations of Belief Debunk Belief? Paul E. Griffiths, John S. Wilkins pp. 201-231 Two traditional targets for evolutionary skepticism are religion and morality. Evolutionary skeptical arguments against religious belief are continuous with earlier genetic arguments against religion, such as that implicit in David Hume’s Natural History of Religion. Evolutionary arguments are also... 10. Questioning the Zoological Gaze: Darwinian Epistemology and Anthropology Phillip R. Sloan pp. 232-266 This quotation from Darwin’s Descent of Man illuminates an under-explored issue in Darwin’s work---not the issue of evolutionary ethics itself, but the epistemology of experience assumed in his work, and the consequences of his application of this “zoological gaze‘ to human beings. I will term this epistemological stance in this chapter “natural historical... Part 3. God 11. Evolution and Catholic Faith John O’Callaghan pp. 269-298 To begin to examine the relation of orthodox Catholic Christian faith to evolutionary theory and the question of human origins, consider words of the fourth pope, St. Clement: Let us fix our gaze on the Father and Creator of the whole world, and let us hold on to his peace and blessings, his splendid and surpassing... 12. After Darwin, Aquinas: A Universe Created and Evolving William E. Carroll pp. 299-337 At the 2000 Jubilee Session for scientists, held at the Vatican in May of that year, Archbishop Józef Życiński offered an eloquent assessment of contemporary discourse on the relationship between the natural sciences and theology. He ended his address with the comment that what is needed today is a new Thomas Aquinas. I remember... 13. Evolutionary Theism and the Emergent Universe Józef Życiński pp. 338-354 The 150th anniversary of the publication of Charles Darwin’s The Origin of Species has been celebrated in the context of an animated debate concerning both scientific and philosophical issues implied by the theory of evolution.1 One finds a deep diversity of attitudes, both methodological and semantic, in the current debates on evolutionary... 14. Beyond Separation or Synthesis: Christ and Evolution as Theodrama Celia Deane-Drummond pp. 355-380 The fervor with which popular discourse on science and religion has continued to bubble up in the anniversary year celebrating Darwin’s achievements shows that the publically perceived conflict between science and religion will not go away. Academic discussion on such matters is therefore not just peripheral to cultural concerns but takes... Part 4. Past and Future Prospects 15. Imagining a World without Darwin Peter J. Bowler pp. 383-403 What would have happened if Charles Darwin had not lived to write On the Origin of Species? Perhaps his bad health caused the early death he feared, or maybe he fell overboard while on the voyage of the Beagle. Would the world have still experienced the Darwinian Revolution under another name, or would the history of science, and... 16. What Future for Darwinism? Jean Gayon pp. 404-423 What future for Darwinism? I will propose some criteria for exploring this question in the domains of both evolutionary biology and the human sciences. Do not expect me to tell you where we will stand thirty years from now. It will be enough to identify a few general tendencies. For the sake of brevity, I will not devote a preamble to explain... Contributors pp. 424-430. (shrink)

Vatican II's documents Gaudium et Spes and Ad gentes reveal two interrelated dialogues: a dialogue between Church and other religious traditions, and a more general dialogue between faith and particular societies. The theme takes its cue form Paul VI's first encyclical, Ecclesiam Suam and, in the last fifty years, has flowered into a rich body of teaching expressed in various documents. It became central to the teaching of John Paul II with his passionate concern for the dignity (...) of the human person. Benedict XVI in a series of speeches delivered both before and after becoming Pope introduced a note of caution to such cultural dialogue. While accepting that he offered an impressive case against the positivism, which he considered to be undermining contemporary culture, we should be hesitant in following his more cautious approach. (shrink)

In this important new book, Paul T. Phillips argues that most professional historians--aside from a relatively small number devoted to theory and methodology--have concerned themselves with particular, specialized areas of research, thereby ignoring the fundamental questions of truth, morality, and meaning. This is less so in the thriving general community of history enthusiasts beyond academia, and may explain, in part at least, history's sharp decline as a subject of choice by students in recent years. Phillips sees great dangers resulting (...) from the thinking of extreme relativists and postmodernists on the futility of attaining historical truth, especially in the age of "post-truth." He also believes that moral judgment and the search for meaning in history should be considered part of the discipline's mandate. In each section of this study, Phillips outlines the nature of individual issues and past efforts to address them, including approaches derived from other disciplines. This book is a call to action for all those engaged in the study of history to direct more attention to the fundamental questions of truth, morality, and meaning. (shrink)

Sir Julian Huxley (1887-1975), celebrated British scientist and philosopher, strove through most of his career to establish a non-theistic, rationalist belief system to replace Christianity and other world religions. Believing that the twentieth century provided a unique opportunity for this to happen, evolutionary humanism, as he termed his secular faith, gave direction to most of Huxley's diverse activities as a public intellectual. Rooted in evolutionary science, combined with Idealism, liberal values and a profound belief in progress, Huxley's vision was also (...) suffused with a strong desire for unity in human affairs. This paper examines that quest for unity, the purposes it served, and its reception. (shrink)

We defend a view of the distinction between the normal and the pathological according to which that distinction has an objective, biological component. We accept that there is a normative component to the concept of disease, especially as applied to human beings. Nevertheless, an organism cannot be in a pathological state unless something has gone wrong for that organism from a purely biological point of view. Biology, we argue, recognises two sources of biological normativity, which jointly generate four “ways of (...) going wrong” from a biological perspective. These findings show why previous attempts to provide objective criteria for pathology have fallen short: Biological science recognizes a broader range of ways in which living things can do better or worse than has previously been recognized in the philosophy of medicine. (shrink)

There is a growing body of literature on the research ethics review process, a process that can have important effects on the nature of research in contemporary times. Yet, many people know little about what the actual process entails once an application has been submitted for review. This lack of knowledge can affect researchers and committee members' responses to the review process. Based on ethnographic research on the ethics review process in 5 countries (Australia, Canada, New Zealand, the United States, (...) and the United Kingdom) this article takes the reader through common aspects of the research ethics review process, including some of the kinds of narratives that influence decision making. Greater understanding of the nature of the review process and the narratives that often form the core of the process can help contextualize responses that researchers get from committees so they can better address them. It may also help committee members reflect on how these narratives influence their decision making and the responses they make to researchers. (shrink)

Published one year after Forget Foucault, In the Shadow of the Silent Majorities may be the most important sociopolitical manifesto of the twentieth century: it calls for nothing less than the end of both sociology and politics. Disenfranchised revolutionaries hoped to reach the masses directly through spectacular actions, but their message merely played into the hands of the media and the state. In a media society meaning has no meaning anymore; communication merely communicates itself. Jean Baudrillard uses this last outburst (...) of ideological terrorism in Europe to showcase the end of the "Social." Once invoked by Marx as the motor of history, the masses no longer have sociological reality. In the electronic media society, all the masses can do--and all they will do--is enjoy the spectacle. In the Shadow of the Silent Majorities takes to its ultimate conclusion the "end of ideologies" experienced in Europe after the Soviet invasion of Hungary and the death of revolutionary illusions after May 1968. Ideological terrorism doesn't represent anything anymore, writes Baudrillard, not even itself. It is just the last hysterical reaction to discredited political illusions. (shrink)

ABSTRACTThis contribution investigates the mystical anthropology of two important and related medieval mystics, William of Saint-Thierry and Hadewijch, neither of whom were well known in their own day, but who have come to the fore of scholarly attention in recent years. In the first part, the authors explore the Trinitarian theology of William of Saint-Thierry and the ways in which it provides the foundation for his mystical anthropology. William radically argues that the human soul is structured according to the pattern (...) of the Trinitarian life, and advocates a reciprocal and mutual encounter between the soul and God in which each touch and pass over into one another, becoming one Spirit. In the 13th century, Hadewijch would draw on William’s fundamental insights, integrating them into her own mystical-theological thought. Following her theoretical reflections on the nature of the soul, and unlike her contemporaries in the Schools, Hadewijch maintains that the soul has the natural potential to be united with God without a created intermediary, and that in mystical union, the soul becomes God in love. (shrink)

The theme of the 10th Annual Research Ethics Conference organized by the Uganda National Council for Science and Technology (2018) was “Evolution of Research Ethics in Uganda and the Region: Past, Present and Future”. We were asked to address the topic: “The History of CIOMS and the recent changes in the international ethics guidelines: implications for local research”. The thrust of the conference was to track progress in ensuring ethical conduct of research, highlight challenges encountered, and to propose strategies for (...) effective and meaningful implementation of international ethical guidelines in local contexts. Consequently, the purpose of this paper is to comment on the implications of the history of CIOMS ethical guidelines and suggest strategies for their effective and meaningful implementation in the East African region, and perhaps the whole of Sub‐Saharan Africa. Inferring from the ‘evolutionary’, ‘flexible’, and ‘general’ nature of the CIOMS guidelines, we proposed a six‐point strategy for ensuring their effective and meaningful implementation in local contexts. This strategy is in the form of obligations for local research regulators and researchers, the fulfillment of which will go a long way towards their smooth and meaningful implementation in local contexts. These obligations are: ensuring evidence‐based adaptation of each individual guideline; ensuring sufficiently judicious and motivated RECs membership; acting proactively to ensure harmony between bioethics and local legal regimes; cultivating a ‘bioethics culture’ among the public; moving towards regional bioethics governance; and playing an active and meaningful role in future revisions of these guidelines. (shrink)

In this essay, we consider the formal and ontological implications of one specific and intensely contested dialectical context from which Deleuze’s thinking about structural ideal genesis visibly arises. This is the formal/ontological dualism between the principles, ἀρχαί, of the One (ἕν) and the Indefinite/Unlimited Dyad (ἀόριστος δυάς), which is arguably the culminating achievement of the later Plato’s development of a mathematical dialectic.3 Following commentators including Lautman, Oskar Becker, and Kenneth M. Sayre, we argue that the duality of the One and (...) the Indefinite Dyad provides, in the later Plato, a unitary theoretical formalism accounting, by means of an iterated mixing without synthesis, for the structural origin and genesis of both supersensible Ideas and the sensible particulars which participate in them. As these commentators also argue, this duality furthermore provides a maximally general answer to the problem of temporal becoming that runs through Plato’s corpus: that of the relationship of the flux of sensory experiences to the fixity and order of what is thinkable in itself. Additionally, it provides a basis for understanding some of the famously puzzling claims about forms, numbers, and the principled genesis of both attributed to Plato by Aristotle in the Metaphysics, and plausibly underlies the late Plato’s deep considerations of the structural paradoxes of temporal change and becoming in the Parmenides, the Sophist, and the Philebus. After extracting this structure of duality and developing some of its formal, ontological, and metalogical features, we consider some of its specific implications for a thinking of time and ideality that follows Deleuze in a formally unitary genetic understanding of structural difference. These implications of Plato’s duality include not only those of the constitution of specific theoretical domains and problematics, but also implicate the reflexive problematic of the ideal determinants of the form of a unitary theory as such. We argue that the consequences of the underlying duality on the level of content are ultimately such as to raise, on the level of form, the broader reflexive problem of the basis for its own formal or meta-theoretical employment. We conclude by arguing for the decisive and substantive presence of a proper “Platonism” of the Idea in Deleuze, and weighing the potential for a substantive recuperation of Plato’s duality in the context of a dialectical affirmation of what Deleuze recognizes as the “only” ontological proposition that has ever been uttered. This is the proposition of the univocity of Being, whereby “being is said in the same sense, everywhere and always,” but is said (both problematically and decisively) of difference itself. (shrink)

Psyche and Soma is a multi-disciplinary exploration of the conceptions of the human soul or mind and body, through the course of more than two thousand years of Western history. Thirteen specially commissioned chapters, each written by a recogized expert, discuss figures such as the physicians Hippocrates, Galen, Stahl, and Cabanis; theologians St Paul, Augustine, and Aquinas; and philosophers from Plato and Aristotle to Descartes, Leibniz, and La Mettrie. The chapters explore in chronlogical sequence the views of these writers (...) on such questions as the soul's immortality, the control it exerts over the body, how mental disturbances arise out of bodily imbalances, and the roles of the priest and the physician in promoting spiritual and mental health. Psyche and Soma will be a key point of reference and a rich source of illumination in this central area of human inquiry. (shrink)

Civil wrongs occupy a significant place in private law. They are particularly prominent in tort law, but equally have a place in contract law, property and intellectual property law, unjust enrichment, fiduciary law, and in equity more broadly. Civil wrongs are also a preoccupation of leading general theories of private law, including corrective justice and civil recourse theories. According to these and other theories, the centrality of civil wrongs to civil liability shows that private law is fundamentally concerned with the (...) expression and enforcement of norms of justice appropriate to interpersonal interaction and association. Others, sounding notes of caution or criticism, argue that a preoccupation with wrongs and remedies has meant neglect of other ways in which private law serves justice, and ways in which private law serves values other than justice. This volume comprises original papers written by a wide variety of legal theorists and philosophers exploring the nature of civil wrongs, their place in private law, and their relationship to other forms of wrongdoing. (shrink)

The bereaved Christian faces not only the difficult task of grief, but also the morally charged evaluations of the grief process: whether it should be fast or slow, whether God is necessary or unhelpful, and whether grief is “proper” for Christians in light of their call to “not grieve as others do who have no hope”.1 This article showcases these tensions involved in defining a “proper” Christian approach to grief, retrieves resources born in the engagement of similarly problematic tensions in (...) the field of grief theory, and conscripts these resources in order to read the book of Job through a new lens, which relieves some of the tensions which arise in Christian considerations of grief. In sum, Christians commonly read the book of Job through the “stage model” of grief –- as if Job's experience throughout the book conforms to and requires a logically sequential grief-progress. Conversely, a “trajectory model” of grief, a new advancement in grief theory, opens the door for reading each pericope in Job as supplying a unique and independently legitimate path for grief that does not require any preceding or subsequent stages. In the same way that Job accommodates these variegated trajectories of grief, so also the Christian faith entertains equally legitimate grief trajectories, each appropriate for the various felt needs of the bereaved. (shrink)