A good deal of attention has been recently focused on the presumed advertising excesses of the healthcare industry in its promotion techniques to healthcare professionals, whether through offering gratuities such as gifts, honoraria, or travel support2-6 or through deception. Two basic concerns have been expressed: Does the acceptance of gratuities bias the recipient, tainting his or her responsibilities as the patient's agent? Does acceptance of the gratuity by the healthcare professional contribute to the high cost of healthcare products? The California (...) Society of Hospital Pharmacists was recently asked by its members to formulate a policy for an appropriate relationship between the Society and the healthcare industry, addressing these concerns. In formulating its policy, it became clear that the Society depended on healthcare industry support, gathered through journal advertising, fees for booths at its various educational events, and grants for speakers. (shrink)

A complete theory of harming must have both a substantive component and a formal component. The substantive component, which Victor Tadros (2014) calls the “currency” of harm, tells us what I interfere with when I harm you. The formal component, which Tadros calls the “measure” of harm, tells us how the harm to you is related to my action. In this chapter I survey the literature on both the currency and the measure of harm. I argue that the currency of (...) harm is well-being and that the measure of harming is best captured by a causal account on which harming is causing a harm. A harm for you is the presence of something intrinsically bad for you or the absence of something intrinsically good for you. Thus, although a counterfactual account of the measure of harm need not distinguish between an harm and a harmful event, the causal account reserves the term ‘harm’, not for a harmful event, but only for its effect. Finally, I show how a complete theory of harming can help us to answer questions about whether we can harm people with speech, whether we can harm the dead, and how it is possible to harm future generations. (shrink)

Law as a leap of faith -- Legal positivism : 5 1/2 myths -- Some types of law -- Can there be a written constitution? -- How law claims, what law claims -- Nearly natural law -- The legality of law -- The supposed formality of the rule of law -- Hart on legality, justice, and morality -- The virtue of justice and the character of law -- Law in general.

How do laws resemble rules of games, moral rules, personal rules, rules found in religious teachings, school rules, and so on? Are laws rules at all? Are they all made by human beings? And if so how should we go about interpreting them? How are they organized into systems, and what does it mean for these systems to have 'constitutions'? Should everyone want to live under a system of law? Is there a special kind of 'legal justice'? Does it consist (...) simply in applying the law of the system? And how does it relate to the ideal of 'the rule of law'?These and other classic questions in the philosophy of law form the subject-matter of Law as a Leap of Faith. In this book John Gardner collects, revisits, and supplements fifteen years of celebrated writings on general questions about law and legal systems - writings in which he attempts, without loss of philosophical finesse or insight, to cut through some of the technicalities with which the subject has become encrusted in the late twentieth century. Taking his agenda broadly from H.L.A. Hart's The Concept of Law, Gardner shows how the key ideas in that work live on, and how they have been and can still be improved in modest ways to meet important criticisms - in some cases by concession, in some cases by circumvention, and in some cases by restatement. In the process Gardner engages with key ideas of other modern giants of the subject including Kelsen, Holmes, Raz, and Dworkin. Most importantly he presents the main elements of his own unique and refreshingly direct way of thinking about law, brought together in one place for the first time. (shrink)

A Teacher's Manual for this book will be available online at www.temple.edu/tempress.

In this paper, written for a volume on the work of Robert Alexy, I discuss the idea that law makes certain distinctive claims, an idea familiar from the work of both Alexy and Joseph Raz. I begin by refuting some criticisms by Ronald Dworkin of the very idea of law as a claim-maker. I then discuss whether, as Alexy and Raz agree, law's claim is a moral one. Having arrived at an affirmative verdict, I discuss the content of law's moral (...) claim. Is it, as Alexy says, a claim to moral correctness? Or is it, as Raz says, a claim to moral authority? (shrink)

Scientists typically use a variety of representations, including different kinds of figures, to present and defend hypotheses. In order to understand the justification of scientific hypotheses, it is essential to understand how visual representations contribute to scientific arguments. Since the logical understanding of arguments involves the truth or falsity of the representations involved, visual representations must have the capacity to bear truth in order to be genuine components of arguments. By drawing on Goodman's analysis of symbol systems, and on Tarski's (...) work on truth, I show that the figures used in science meet this criterion. (shrink)

A noted author defends his personal attitudes toward the fundamental issues of classical philosophy, discussing the awesome mystery surrounding science and life and explaining why he considers himself a theist.

Abstract Non-reductive physicalism is currently the most widely held metaphysic of mind. My aim in this essay is to show that supervenience physicalism?perhaps the most common form of non-reductive physicalism?is not a defensible position. I argue that, in order for any supervenience thesis to ground a legitimate form of physicalism, it must yield the right sort of determination relation between physical and non-physical properties. Then I argue that non-reductionism leaves one without any explanation for the laws that are implied by (...) supervenience theses that deliver this determination relation. (shrink)

According to Weyl, “‘inexhaustibility’ is essential to the infinite”. However, he distinguishes two kinds of inexhaustible, or merely potential, domains: those that are “extensionally determinate” and those that are not. This article clarifies Weyl's distinction and explains its enduring logical and philosophical significance. The distinction sheds lights on the contemporary debate about potentialism, which in turn affords a deeper understanding of Weyl.

A survey of Howard Gardner's contributions to our understanding of learning, and how to create environments that support growth in all learners across the lifespan.

Philosophers of perception have a notoriously difficult time trying to account for hallucinatory experiences. One surprisingly quite popular move, and one that cross-cuts the representationalism/relationalism divide, is to say that hallucinations involve an awareness of uninstantiated properties. In this paper, I provide a new argument against this view. Not only are its proponents forced to classify many hallucinations as veridical, such experiences turn out to be necessarily veridical. In addition, I show that representationalists who endorse the uninstantiated property view must (...) reject the common fundamental kind claim and adopt disjunctivism, and naïve realists/relationalists must radically modify their disjunctivism: The distinction between ‘veridical’ and ‘hallucinatory’ will no longer track a metaphysical distinction between the relevant experiences. (shrink)

Undoing anthropocentrism : becoming-animal and the nonhuman -- Vectors of becoming-imperceptible : the multiplicity of the pack -- Animal politics, animal deaths : transversal connectivities and the creation of an ethico-aesthetic paradigm -- Animal re-territorialisations in art and cinema -- Transverse animalities : ecosophical becomings.

Jeff McMahan rejects the relevance of desert to the morality of self-defense. In Killing in War he restates his rejection and adds to his reasons. We argue that the reasons are not decisive and that the rejection calls for further attention, which we provide. Although we end up agreeing with McMahan that the limits of morally acceptable self-defense are not determined by anyone’s deserts, we try to show that deserts may have some subsidiary roles in the morality of self-defense. We (...) suggest that recognizing this might help McMahan to answer some unanswered questions to which his own position gives rise. (shrink)

Religion within the Boundaries of Mere Reason remains one of the most opaque of Kant's published writings. Though this opacity belongs, partly, to the text itself, a key claim of this article is that this opacity stems also from the narrow lenses through which his readers view this text. Often read as part of Kant's moral philosophy or his universal history, the literature has thus far neglected a different vantage point on the Religion, one that does not refute the utility (...) of these lenses but complements them. This paper places the Religion alongside parts of Kant's corpus that it is less typically paired with, namely his natural history writings—in particular, his writings on the concept of race and the development of the human races. I argue that by doing so, we can shed much light on Kant's infamous claim that there is a radical evil in the human species. More precisely, we will come to appreciate that this evil is not, as it is usually understood, a static property or fixed characteristic of human beings. Instead, radical evil concerns a dynamic, changing defect in human nature that increasingly threatens our aspirations to collective moral perfection. (shrink)

Welches Verhältnis besteht zwischen „Bild" und menschlichem Denken? Welche Rolle spielt das Konzept der „Form" im menschlichen Wissen? Forscher aus Philosophie, Kulturwissenschaften, Wissenschaftsgeschichte, Ästhetik, Literatur, Anthropologie, Mathematik und Biologie untersuchen aus historischer und theoretischer Perspektive den Zusammenhang zwischen der Aktivität des Denkens und den Konzepten von Bild und Form.

This paper considers some aspects of the morality of complicity, understood as participation in the wrongs of another. The central question is whether there is some way of participating in the wrongs of another other than by making a causal contribution to them. I suggest that there is not. In defending this view I encounter, and resist, the claim that it undermines the distinction between principals and accomplices. I argue that this distinction is embedded in the structure of rational agency.

The Fold is a book of practical philosophy that takes a radical new approach to aesthetics. Laura U. Marks calls this philosophy "enfolding-unfolding aesthetics," based in ideas derived from Gilles Deleuze and others (G.F.W. Leibniz, David Bohm, and Édouard Glissant) that the universe is folded in on itself. She proposes a theory of mediation as contact and connection across the folds and a set of embodied methods for detecting such cosmic connections. In drawing out this aesthetics, Marks considers the (...) embodied and sensuous dimensions of engaging with audiovisual works and works of art-dimensions that Marks suggests are composed of the very folds that compose everything and everyone: all living beings, from humans to particles, sandwiches to stars, technologies, thoughts and images, in the present, the past, and the future. Making use of art and film, with a focus on African diaspora and Arab cinema, Marks opens ways to strengthen connections to the cosmos and to better trace processes of becoming that are immanent within the fold. (shrink)

“Fearless, illuminating” criticism from a New York Times–bestselling author and legendary teacher, “proving... that true art is moral and not trivial” (Los Angeles Times). Novelist John Gardner’s thesis in On Moral Fiction is simple: “True art is by its nature moral.” It is also an audacious statement, as Gardner asserts an inherent value in life and in art. Since the book’s first publication, the passion behind Gardner’s assertion has both provoked and inspired readers. In examining the work (...) of his peers, Gardner analyzes what has gone wrong, in his view, in modern art and literature, and how shortcomings in artistic criticism have contributed to the problem. He develops his argument by showing how artists and critics can reintroduce morality and substance to their work to improve society and cultivate our morality. On Moral Fiction is an essential read in which Gardner presents his thoughtfully developed criteria for the elements he believes are essential to art and its creation. This ebook features an illustrated biography of John Gardner, including original letters, rare photos, and never-before-seen documents from the Gardner family and the University of Rochester Archives. (shrink)

This classic guide, from the renowned novelist and professor, has helped transform generations of aspiring writers into masterful writers—and will continue to do so for many years to come. John Gardner was almost as famous as a teacher of creative writing as he was for his own works. In this practical, instructive handbook, based on the courses and seminars that he gave, he explains, simply and cogently, the principles and techniques of good writing. Gardner’s lessons, exemplified with detailed (...) excerpts from classic works of literature, sweep across a complete range of topics—from the nature of aesthetics to the shape of a refined sentence. Written with passion, precision, and a deep respect for the art of writing, Gardner’s book serves by turns as a critic, mentor, and friend. Anyone who has ever thought of taking the step from reader to writer should begin here. (shrink)

This article advances some considerations that undermine the overall justification for what I call “beneficent interventions,” or interventions aimed at reducing the suffering of wild animals. I first appeal to Susan Wolf’s (2010) account of meaning in life to argue that wild animals can and do have meaning in their lives. I then argue that the meaning in animal lives can offset their suffering, making their lives more worth living. This source of positive value in the lives of wild animals (...) undermines some of the justification for those beneficent interventions that aim to reduce wild animal suffering by reducing the numbers of wild animals who either suffer or inflict suffering upon others. (shrink)

The volume provides a thorough look into Marina Sbisà’s distinctive, Austinian-inspired approach to speech acts. By gathering original essays from a world-class lineup of philosophers of language, linguists, social epistemologists, action theorists, and communication scholars, the collection provides the first comprehensive critical treatment of Sbisa’s outstanding contribution to speech act theory.

Recent debates in metaphysics have highlighted the significance of type theories, such as Simple Type Theory (STT), for our philosophical analysis. In this chapter, I present the salient features of a constructive type theory in the style of Martin-Löf, termed CTT. My principal aim is to convey the flavour of this rich, flexible and sophisticated theory and compare it with STT. I especially focus on the forms of quantification which are available in CTT. A further aim is to argue that (...) a comparison between a plurality of theories is beneficial to the philosophical analysis. We may, for example, discover helpful features of one theory that we may want to import into another context, thus enriching our repertoire of formal tools. Or, through comparison with a less well-known theory, we may gain a better understanding of the characteristics of the theories we are familiar with. As argued in this chapter, CTT has much to offer in all of these respects. (shrink)

This article advances some considerations that undermine the overall justification for what I call “beneficent interventions,” or interventions aimed at reducing the suffering of wild animals. I first appeal to Susan Wolf’s (2010) account of meaning in life to argue that wild animals can and do have meaning in their lives. I then argue that the meaning in animal lives can offset their suffering, making their lives more worth living. This source of positive value in the lives of wild animals (...) undermines some of the justification for those beneficent interventions that aim to reduce wild animal suffering by reducing the numbers of wild animals who either suffer or inflict suffering upon others. (shrink)

Machine generated contents note: -- List of IllustrationsAcknowledgementsIntroductionImmanent authorship: From the Living Theatre to Cage and Goat IslandDisorganizing language, voicing minority: From Artaud to Carmelo Bene, Robert Wilson & Georges LavaudantImmanent imitations, animal affects: From Hijikata Tatsumi to Marcus CoatesPaying attention, participating in the whole: Allan Kaprow alongside Lygia ClarkEthical durations, opening to other times: Returning to Goat Island with WilsonIn-Conclusion: What 'good' is immanent theatre? Immanence as an ethico-aesthetic valueCodaBibliographyIndex.

Predicativity is a notable example of fruitful interaction between philosophy and mathematical logic. It originated at the beginning of the 20th century from methodological and philosophical reflections on a changing concept of set. A clarification of this notion has prompted the development of fundamental new technical instruments, from Russell's type theory to an important chapter in proof theory, which saw the decisive involvement of Kreisel, Feferman and Schütte. The technical outcomes of predica-tivity have since taken a life of their own, (...) but have also produced a deeper understanding of the notion of predicativity, therefore witnessing the " light logic throws on problems in the foundations of mathematics. " (Feferman 1998, p. vii) Predicativity has been at the center of a considerable part of Feferman's work: over the years he has explored alternative ways of explicating and analyzing this notion and has shown that predicative mathematics extends much further than expected within ordinary mathematics. The aim of this note is to outline the principal features of predicativity, from its original motivations at the start of the past century to its logical analysis in the 1950-60's. The hope is to convey why predicativity is a fascinating subject, which has attracted Feferman's attention over the years. (shrink)

Laura Nader is a towering figure as anthropologist, teacher, and public intellectual. Her letters give a glimpse of academic life mostly unseen by academics and by the general public. The collection includes letters from academic colleagues, but it also contains correspondence from lawyers, politicians, citizens, people on death row, Peace Corps workers, members of the military, scientists, and more.

Insights into the intelligence throughout the natural and technical environment, in the fabric of our devices and dwellings, in our clothes, and under our skin. Is there a way to understand the materials that surround us not as passive objects, but as other intelligences interacting with our own? In Parallel Minds, expert in materials science and nanotechnology Laura Tripaldi delivers not only detailed insights into the properties and emergent behaviors of matter as revealed by state-of-the-art chemistry, synthetic biology, and (...) nanotech, but also a rich philosophical reflection that crosses the frontier between nature and culture, where the most cutting-edge scientific syntheses resonate with ancient myth. The result is a technomaterial bestiary full of unexpected encounters with “strange minds”—from cobwebs to kevlar and carbon fibre, from centaurs to amoebas to arachnids, from polycephalic slime to resonating plasmons, from viruses to golems. Parallel Minds reveals the intelligence at large throughout the natural and technical environment, in the fabric of our devices and dwellings, in our clothes, and even under our skin. Full of lateral ideas and unexpected images, Tripaldi’s book imbues the study and synthesis of materials with a new urgency. For not only do the materials that surround us participate actively in the construction of the world in which we live, but harnessing their ability to interact intelligently with their environment could be the key to the future of our species. (shrink)

This systematic review identifies and critically evaluates instruments that have been developed to measure clinical trial informed consent comprehension in non-cognitively-impaired adults.Literature searches were carried out on Medline (Ovid), PsycInfo, CINHAL, ERIC, ScienceDirect, and Cochrane Library for English language articles published between January 1980 and September 2008. Instruments were excluded if they focused on consent onto paediatric trials, the construct under study was primarily capacity or competency, or the instrument was developed specifically for psychiatric or cognitively-impaired populations. Instruments selected for (...) review were evaluated against the following criteria: (1) method of item generation; (2) type and format of test items; (3) administration and interpretation of test results; and (4) psychometric properties.Three instruments met our defined inclusion criteria: the Deaconess Informed Consent Comprehension Test (DICCT), the Quality of Informed Consent (QuIC) questionnaire and the Brief Informed Consent Protocol (BICEP). Each instrument varied in terms of content measured. Significantly, these are the first standardized instruments developed to assess comprehension in non-cognitively-impaired adults. Yet, each instrument had its own set of limitations such as the lack of generalizability and the absence of details pertaining to how test results should be used to guide clinical decision-making.Standardized clinical trial informed consent comprehension assessments have been developed to identify gaps in research participants' understanding and ensure that respect for patient autonomy is satisfied. (shrink)

The wrongness of rape -- Rationality and the rule of law in offences against the person -- Complicity and causality -- In defence of defences -- Justifications and reasons -- The gist of excuses -- Fletcher on offences and defences -- Provocation and pluralism -- The mark of responsibility -- The functions and justifications of criminal law and punishment -- Crime : in proportion and in perspective -- Reply to critics.

We began writing the first edition of this textbook in 2006, soon after a wave of major corporate scandals had shaken the financial world. Headlines made the companies involved in these ethical scandals household names: Enron, WorldCom, Arthur Andersen, KPMG, J.P. Morgan, Merrill Lynch, Morgan Stanley, Citigroup, Salomon Smith Barney. At that time, we suggested that, in light of such significant cases of financial fraud, mismanagement, criminality, and deceit, the relevance of business ethics could no longer be questioned.