This article supports H. L. A. Hart's “any reasons” thesis (defended consistently from the first edition of The Concept of Law in 1961 to the Postscript to the second edition of 1994) that legal officials may accept law for any reasons, including non‐moral reasons. I develop a conception of non‐moral aesthetic ideals of official conduct which may provide legal officials with reasons to accept and apply even morally iniquitous law. I use this conception in order to rebut Gerald Postema's and (...) Joseph Raz's criticisms of Hart's view, and suggest that my revisions offer reasons for renewed confidence in Hart's account of law's normativity. (shrink)

An explanation of the system of textual references employed in this paper may perhaps be of convenience to the reader. As a rule, references to other works have here been incorporated in the main body of the text, with the aid of abbreviations usually derived from the initial letters of the main words in their titles. Thus "HLL, p. 21." refers to page twenty-one of Thomas Hobbes: Leben and Lehre, by F. Tonnies.

This is a collection of Canadian legal decisions, primarily from the Supreme Court of Canada, along with international cases that have bearing on Canadian law. The selected cases raise and respond to current and controversial issues in political and legal philosophy. Cases have been edited to present key legal principles and methods of judicial reasoning in action, showing not only what was decided but also how the decisions were made. Topics include: constitutional law, fundamental freedoms, equality rights, civil and criminal (...) responsibility, and sovereignty. This new fifth edition adds over two dozen new cases, including new sections on Indigenous issues and international law. A helpful glossary of common legal terms has also been added as an appendix. (shrink)

A rigorous introduction to profound questions about the nature and role of law.

Race is not a scientific category, but African Americans have increased prevalence and severity of heart failure. The African American Heart Failure trial showed the benefit of a combination of isosorbide dinitrate and hydralazine . Future research may unmask the reason for cardiovascular differences in therapy.

The goal of this paper is to present a succinct overview, from a clinician’s perspective, of the importance and implications of research on heart failure in African Americans. It first gives a brief outline of the rationale and results of the African-American Heart Failure Trial, which showed evidence for the effectiveness of fixed-dose combination of isosorbide dinitrate and hydralazine, marketed as BiDil, in this population. Finally, it underscores the necessity of treating African Americans with evidence-based medicine given that humanistic physicians (...) and other clinicians strive to provide holistic treatment to their patients.Most researchers and clinicians recognize the difficulty with utilizing race as a category for inclusion in trials. While race lacks any true biologic definition, it is potentially beneficial as a consideration in clinical studies, based on prior evidence of certain potential differences across self-identified racial/ethnic groups in morbidity and mortality and responses to medicine. Even though use of race as a classification is a problematic distinction, it should not be ignored. If clinical trials demonstrate significant improvement with targeted treatment in African Americans, clinicians should not withhold life-saving drugs that result from such studies. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 64.4 (2003) 599-618 [Access article in PDF] The "Herbert Butterfield Problem" and its Resolution Keith C. Sewell Dordt College Herbert Butterfield (1900-1979) 1 published The Whig Interpretation of History in 1931, a year after he became a Lecturer in the University of Cambridge. 2 He became Professor of Modern History in the university in 1944, the same year in which he published (...) The Englishman and His History. 3 This discussion addresses what J.G.A. Pocock referred to as das Herbert Butter-fieldproblem—that is, the problem of ascertaining the precise relationship between the arguments presented in these volumes. 4The Whig Interpretation of History of 1931 (hereafter, The Whig Interpretation) was a sustained critique of the motivation, methods and fallacious conclusions of the "Whig" practice of staging historiographical narratives anachronistically so as to produce a ratification of the present, or justification of a position currently espoused by the author. 5 The term "Whig," as Butterfield used it in 1931, referred to the nineteenth-century school of historiography that praised "progress," "protestantism," and "liberty" and that generally attributed the triumph of such principles to the beliefs and activities of generations of Whig politicians. 6 [End Page 599]The Whig Interpretation argued that the judgments concerning both progressive and reactionary individuals and movements in Whig historiography were anachronistic, in that they were based on general propositions held by the Whig historian in the present. To correct this error Butterfield argued that historiography should not be based upon any general propositions. Basing historiographical narratives on general propositions purporting to be of universal and unchanging validity was seen as inevitably placing them on an anachronistic basis. In The Whig Interpretation Butterfield required the historian to represent past "life itself " but to avoid doing so on the basis of a view or "interpretation" of past human experience and action. Historiographical narration should be free of any interpretative standpoint and equally open to any possible subsequent interpretation. For Butterfield "the historian carries us away from the world of general ideas. It is not for him to give a philosophical explanation of what happens in time and space"; "any history that he writes ought to be as capable of varied philosophical interpretation as life itself seems to be... the historian's explanation... is not a piece of general reasoning," and "if at any point we need further elucidation all that he can do is to take us into greater detail." 7 It seems appropriate to refer to this as Butterfield's "neutrality postulate." Butterfield subsequently used the term "technical history" to denote this methodological concept. 8As might be expected, such a neutrality postulate was replete with problems, however valid Butterfield's strictures towards Whig historiographical anachronism. How is the historian to abridge for the purposes of narration and explanation without interpreting? Butterfield argued that we are right to demand of the historian that "he shall not change the meaning and purport of the historical story in the mere act of abridging it." No theory should intrude. As the detailed complexity is abridged, there should be no loss of "the purport and tenor of the whole." 9 Abridgment was to be accomplished without interpretative perspective, even though sympathy and imagination are indispensable. 10 Such was Butterfield's prescribed antidote. Yet the exercise he recommended requires more than a specific statement of the concrete, the individual, and the particular. It also requires a general idea of the "meaning" of "the whole" that the historian is called upon not to distort. Indeed, Butterfield drew attention to the basis of his historical thinking when he asserted that while historical research does not provide proof of the existence of a providential order, it nevertheless provides evidence of how profound and mysterious are its workings. 11In The Whig Interpretation no attempt was made to reconcile the advocacy of a non-interpretative neutrality dealing exclusively with the individual, the [End Page 600] concrete and the particular, and Butterfield's actual belief in a providential order to which the historical process is subject. After 1931... (shrink)

The European Legacy, Volume 17, Issue 4, Page 559-560, July 2012.

The World Anti-Doping Code (2021) includes a substance on the prohibited list if it meets at least two of the following: (1) it has the potential to enhance or enhances sport performance; (2) it represents an actual or potential health risk to the athlete; (3) it violates the spirit of sport. This paper uses a case study to illustrate points of tension between this code and enhancements that are appropriate to ban; we argue that there are banned drugs (e.g., acetazolamide (...) and dexamethasone) the use of which we have good reason to not only permit but encourage for high-altitude sports. Drawing on lessons from this case study, we propose a reformulation of the Code that requires (1–3) be met but offers preferable ways of unpacking conditions (1) and (3) – and in a way that better preserves how the spirit of sport condition should be indexed to particular sports. Our formulation is inclusive enough to rule in drugs like acetazolamide and dexamethasone as permissible in high-altitude sports while at the same time ruling out problem cases – including many drugs already on the prohibited list. The result is an attempted alignment between the conditions specified and those drugs that should be banned. (shrink)

pt. 1. The nature of culture -- pt. 2. Culture as gift : vignettes of Indian culture -- pt. 3. Culture as task : culture and its discontents.

pt. 1. The nature of culture -- pt. 2. Culture as gift : vignettes of Indian culture -- pt. 3. Culture as task : culture and its discontents.

Given a set of objects characterized by a number of attributes, hidden patterns can be discovered in them for the grouping of similar objects into clusters. If each of these clusters can be considered as exemplifying a certain concept, then the problem concerned can be referred to as a concept discovery problem. This concept discovery problem can be solved to some extent by existing data clustering techniques. However, they may not be applicable when the concept involved is vague in nature (...) or when the attributes characterizing the objects can be qualitative, quantitative, and fuzzy at the same time. To discover such concepts from objects with such characteristics, we propose a Genetic-Algorithm-based technique. By encoding a specific object grouping in a chromosome and a fitness measure to evaluate the cluster quality, the proposed technique is able to discover meaningful fuzzy clusters and assign membership degrees to objects that do not fully exemplify a certain concept. For evaluation, we tested the proposed technique with simulated and real data and the results are found to be very promising. (shrink)

Given a set of objects characterized by a number of attributes, hidden patterns can be discovered in them for the grouping of similar objects into clusters. If each of these clusters can be considered as exemplifying a certain concept, then the problem concerned can be referred to as a concept discovery problem. This concept discovery problem can be solved to some extent by existing data clustering techniques. However, they may not be applicable when the concept involved is vague in nature (...) or when the attributes characterizing the objects can be qualitative, quantitative, and fuzzy at the same time. To discover such concepts from objects with such characteristics, we propose a Genetic-Algorithm-based technique. By encoding a specific object grouping in a chromosome and a fitness measure to evaluate the cluster quality, the proposed technique is able to discover meaningful fuzzy clusters and assign membership degrees to objects that do not fully exemplify a certain concept. For evaluation, we tested the proposed technique with simulated and real data and the results are found to be very promising. (shrink)

Recent work in social psychology suggests that people harbor “implicit race biases,” biases which can be unconscious or uncontrollable. Because awareness and control have traditionally been deemed necessary for the ascription of moral responsibility, implicit biases present a unique challenge: do we pardon discrimination based on implicit biases because of its unintentional nature, or do we punish discrimination regardless of how it comes about? The present experiments investigated the impact such theories have upon moral judgments about racial discrimination. The results (...) show that different theories differ in their impact on moral judgments: when implicit biases are defined as unconscious, people hold the biased agent less morally responsible than when these biases are defined as automatic (i.e., difficult to control), or when no theory of implicit bias is provided. (shrink)

Genetic engineering's potential for manipulating the “human” and its capacity for arousing fear and recrimination have promoted the use of “bad axioms” in analysis of the ethical issues raised by new technological capabilities. Our task is to consign these formulations, as axioms, to history, and to discern the truth they contain in non‐axiomatic form.

The contributors to this book draw upon their unique insights and research experience to address fundamental questions, including: What forms does the will take ...

Volume 19, Issue 10, October 2019, Page 68-70.

Over the last quarter century, the dominant tendency in comparative cognitive psychology has been to emphasize the similarities between human and nonhuman minds and to downplay the differences as (Darwin 1871). In the present target article, we argue that Darwin was mistaken: the profound biological continuity between human and nonhuman animals masks an equally profound discontinuity between human and nonhuman minds. To wit, there is a significant discontinuity in the degree to which human and nonhuman animals are able to approximate (...) the higher-order, systematic, relational capabilities of a physical symbol system (PSS) (Newell 1980). We show that this symbolic-relational discontinuity pervades nearly every domain of cognition and runs much deeper than even the spectacular scaffolding provided by language or culture alone can explain. We propose a representational-level specification as to where human and nonhuman animals' abilities to approximate a PSS are similar and where they differ. We conclude by suggesting that recent symbolic-connectionist models of cognition shed new light on the mechanisms that underlie the gap between human and nonhuman minds. (shrink)

This chapter is concerned with an analysis of the etymology of the English term “will,” which is used to emphasize some possible sedimented assumptions with its meaning in English-speaking European and North American academic communities. It takes a look at two general philosophical approaches to the will and examines the will in early modern social theory. From here the chapter turns to anthropology to study two of the most generative approaches to willing in modern culture theory: practice theoretical and psychocultural (...) variants of anthropology. Finally, the chapter discusses the preceding chapters in terms of the four different themes that recur throughout the book. (shrink)

Volume 20, Issue 3, March 2020, Page 75-77.

Part of The US Army Large-Scale Combat Operations Series, Maintaining the High Ground combines discussions and historical case studies from the past seventy-five years to address ethical challenges for the Army Profession. With today's all-volunteer Army, maintaining public trust is critical, and large-scale combat operations require a professional class of leaders and soldiers with strong ethics and the ability to adapt and even shape their own future.

Book reviewed in this article: Artificial Reproduction: A Social Investigation. By R. Snowden, G.D. Mitchell, and E. M. Snowden. Redefining Human Life: Reproductive Technologies and Social Policy. By Robert H. Blank. Reproductive Ethics. By Michael D. Bayles.