On one view of ethical development, someone not yet virtuous can reliably progress by engaging in what meaningfully resembles virtuous conduct. However, if the well-intended conduct is psychologically demanding, one's character, precisely because one is not yet virtuous, may worsen rather than improve. This risk of degradation casts doubt on the developmental view. I counter the doubt through one interpretation and one application of the Mengzi. In passage 2A2, invoking the image of a farmer who “helped” the crop grow by (...) pulling the sprouts, MENG Ke cautions, “do not help it grow.” I defend a novel interpretation: do not advance with a naïve negligence about your psycho-physiological constitution. I also show how to advance with realistic care by pointing out an overlooked application of a much-discussed cultivation technique illustrated in Mengzi 1A7: ethical reflection can conciliate one with one’s ongoing or past advanced action, lowering the action’s risk of degradation. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:FEYERABEND'S EPISTEMOLOGY AND BRECHTS THEORY OF THE DRAMA by S. G. Couvalis In his early paper, "On the Improvement of the Sciences and the Arts," Feyerabend argues that, just as rival hypotheses show the shortcomings of entrenched scientific hypotheses, so theatre which presents hypotheses contrary to common beliefs about human beings shows the shortcomings of these beliefs. It develops understanding of human relations more effectively than intellectual debate because (...) it is a more complex medium whose elements can "represent the contrary hypotheses at the same time."1 He takes Brecht to be the first theorist of such a theatre. I shall argue that Brecht's epistemology is similar to Feyerabend's early epistemology and that his dramatic theory is a consequence of it.2 1 shall also argue, however, that Feyerabend is wrong in saying that Brechtian theatre presents contrary hypotheses at the same time, because plays, like descriptions, are theory-laden and Brecht, in any case, intends to show on stage that tragedies have social origins and not to present contrary hypotheses about human beings. According to Brecht, most people improperly assume that human behavior and social relations follow fixed patterns inherent in nature because they have been unable to compare the human behavior they know with that in other societies. They take what they experience to be typically human. Moreover, they interpret their social world as they have been taught: "A child, living in a world of old men... knows the run of things before he can walk."3 Feyerabend brings out the effect of such training very vividly: "The teaching procedures both shape the 'appearance,' or 'phenomenon' and establish a firm connection with words, so that finally the phenomena seem to speak for themselves...."4 Because these interpretations of the social world which children are taught are descriptive, explanatory, and prescriptive, they are more 117 118Philosophy and Literature complex and more dangerous than the interpretations of physical objects they are taught. For example, children learn different evaluations of precisely the same behavior in males and females through being taught how to describe it. In being taught to describe certain behavior as "manly" they are taught both that it arises from a male's nature and that it is laudable behavior for boys but not for girls. "Manly" behavior in a woman is not "confident" or "forthright," but "aggressive" or "pushy." In order to stop us from regarding traditional behavior patterns and social relations as unchangeable, and to enable us to question our descriptions of them, Brecht argues that the dramatist must cause us to cease to regard such patterns and social relations as familiar givens that can only be described in one way. To achieve this, he must not structure his plays on the Aristotelian model. The Aristotelian model makes audiences incapable of criticizing the dramatic message, imparts the view that the sources of tragedy lie in an inexplicable human essence, and presents social rules as if they were unquestionable natural laws. Instead, he should structure his plays to induce in audiences a scientific attitude to social relations and patterns of behavior. Like Feyerabend, Brecht realizes that a scientific attitude is not displayed by collecting descriptions of experience without considering whether the interpretations contained in the descriptions are correct. In Galileo, his view of those who mechanically describe experience in traditional terms is shown in Galileo's replies to the Aristotelian arguments of Andrea. When Andrea argues, "I can see that the sun's not in the same place in the evening and morning. So it can't stand still. It just can't," Galileo replies, "You 'W! What do you see? You see nothing at all. You're just gaping. Gaping isn't seeing." He then demonstrates to Andrea that the apparent motions of objects need not be their real motions because an apparent motion can be caused in more than one way. 5 Brecht shows that the central question for the scientist is not "How shall I collect descriptions of appearances?" but "What is it that I really perceive and how is it caused?" He argues elsewhere that "there's a vast difference between experiment and experience" because experiments are set up to test... (shrink)

The philosophical or metaphysical architecture of Darwin's theory of evolution by natural selection is analyzed and diflussed. It is argued that natural selection was for Darwin a paradigmatic case of a natural law of change — an exemplar of what Ghiselin (1969) has called selective retention laws. These selective retention laws lie at the basis of Darwin's revolutionary world view. In this essay special attention is paid to the consequences for Darwin's concept of species of his selective retention laws. Although (...) Darwin himself explicity supported a variety of nominalism, implicit in the theory of natural selection is a solution to the dispute between nominalism and realism. It is argued that, although implicit, this view plays a very important role in Darwin's theory of natural selection as the means for the origin of species. It is in the context of these selective retention laws and their philosophical implications that Darwin's method is appraised in the light of recent criticisms, and the conclusion drawn that he successfully treated some philosophical problems by approaching them through natural history. Following this an outline of natural selection theory is presented in which all these philosophical issues are highlighted. (shrink)

The usefulness of models that describe the world lies in their simplicity relative to what they model. But simplification entails inaccuracy, so models should be treated as provisional. Nancy Cartwright's account of science as a modeling exercise, in which fundamental laws hold true only in theory—not in reality, given the complexities of the real world—suggests that Rational Choice Theory (RCT) should not be rejected on the traditional basis of its lack of realism: that, after all, is to be expected (...) of any simulacrum model. But when RCT has been extended to domains, such as politics, in which there is no necessary reason to expect systemic pressures against people who depart too far from the model, RCT is a simulacrum without any particular claim to expressing underlying causal laws. This cautions against the tendency to rest content with models and to treat their assumptions as if they were true. (shrink)

When is a law too idealized to be usefully applied to a specific situation? To answer this question, this essay considers a law in hydrogeology called Darcy''s Law, both as it is used in what is called the symmetric-cone model, and as it is used in equations to determine a well''s groundwater velocity and hydraulic conductivity. After discussing Darcy''s law and its applications, the essay concludes that this idealized law, as well as associated models and equations in hydrogeology, are not (...) realistic in the sense required by the D-N account. They exhibit what McMullin calls mathematical idealization, construct idealization, empirical-causal idealization, and subjunctive-causal idealization. Yet this lack of realism in hydrogeology is problematic for reasons unrelated to the status of the D-N account. These idealizations are also problematic in applied situations. Their problems require developing two supplemental criteria, necessary for their productive application. (shrink)

Congress's national-security legislation will often require clear and specific congressional authorization before the executive can undertake certain actions. The War Powers Resolution, for example, prohibits any law from authorizing military hostilities unless it "specifically authorizes" them. And the Foreign Intelligence Surveillance Act of 1978 required laws to amend FISA or repeal its "exclusive means" provision before they could authorize warrantless electronic surveillance. But efforts to legislate clear-statement regimes in national-security law have failed to induce compliance. The Clinton Administration inferred congressional (...) "authorization" for the 1999 Kosovo War from an appropriations statute that failed to specifically authorize the conflict. And the Bush Administration inferred congressional "authorization" for the NSA surveillance program from ambiguous language in the post-September 11th Authorization to Use Military Force. In both situations, executive-branch lawyers employed expansive theories of implied repeal and constitutional avoidance to evade the codified clear-statement requirements, and Congress and the courts acquiesced to the President's actions. Recent proposals to strengthen the clear-statement requirements in Congress's national-security framework legislation are unlikely to be effective without institutional mechanisms, such as points of order, that can deter future legislators from enacting vague or ambiguous legislation from which the executive might claim implicit congressional "authorization," and that can induce Congress to confront Presidents that act without specific congressional authorization. Simply enacting more narrow or explicit clear-statement requirements, or adding funding restrictions to Congress's framework legislation, fails to counter the aggressive interpretive doctrines that executives of both political parties have used to concoct congressional "authorization" from vague or ambiguous statutory language. (shrink)

In International Law and World Order, B. S. Chimni articulates an integrated Marxist approach to international law combining the insights of Marxism, socialist feminism and postcolonial theory. The book uses IMAIL to systematically and critically examine the most influential contemporary theories of international law including new, feminist, realist and policy-oriented approaches. In doing so, it discusses a range of themes relating to the history, structure and process of international law. The book also considers crucial world order issues and problems that (...) the international legal process has to contend with, including the welfare of weak groups and nations, the ecological crisis and the role of human rights. This extensively revised second edition provides an invaluable, in-depth and updated review of the key literature and scholarship within this field of study. It will be of particular interest to students and scholars of international law, international relations, international politics and global studies. (shrink)

Flack and de Waal present evidence for behaviour in non-human primates that functions to share food, terminate fights and reconcile opponents. Consolation and punishment are also suggested. These functions are assumed to be the motivation for the behaviour. Animals indeed have expectations about signal meaning and the likely immediate consequences of their behaviour. This does not mean they understand genetic fitness, peacekeeping or justice, even if these functions are achieved. Instrumental aggression is used to achieve a goal, not to punish (...) wrong doers. More elaborate motivation would indeed require empathy, sympathy, community solutions and morality. Although more parsimonious explanations for the behaviour described are rejected as not necessarily being true, less parsimonious explanations are not necessarily true either, no matter how appealing. (shrink)

Preparation for the Study of Theories of Law: Non-Universality of Law, Irreconcilable Epistemologies, Ideological Incipience; Theories in Metaphysical-Rational Epistemology: Divine and Prophetic Theories; Natural Law: Early Hindu, Chinese, Greek, Roman, and Modern; Theories in Idealist Epistemology; Theories in Empiricist Epistemology; Positivist: Early Hindu, Chinese, Later Bentham, Austin, Kelsen, Hart; Historical Von Savigny, Maine, Marx and Engels; Sociological Jhering, Ehrlich, Duguit, Jurisprudence of Interests, Free Law; Psychological Petrazycki; American Realist; Philosophical Framework; Expressions; Scandinavian Realist; Phenomenological; The Critical Legal Studies and its (...) Offshoots: Critical Legal Studies, Feminist Jurisprudence, Critical Race Theory; Legal Polycentricity. (shrink)

New UK consensus statement on core curriculum in medical ethics and lawThe most important paper in this month’s JME is not a standard paper but the new UK consensus statement on the core curriculum in medical ethics and law for medical students. The first consensus statement was published in the JME in 1998 and has been instrumental in ensuring the embedding of a common standard of teaching in these subjects across UK medical schools. 1 However, even the most hard core (...) moral realist has to accept that, even if the fundamental principles of ethics do not change, the best way to teach it might evolve and the problems of most interest may change as the healthcare system changes. The core curriculum can therefore not be cast in stone and must be revised and updated from time to time. The current revision is the result of an extensive process involving reviews of the way …. (shrink)

The law is an extremely complex phenomenon. It is very difficult to determine it precisely as the complete comprehension and ultimate definition of the law are beyond human capabilities. Also, the law never coincides with its concept, nor does the concept of the law coincide with its definition. This fact shows that the real human capabilities for the comprehension, determination and definition of the law are very limited and the limits are unreliable. The concept of the law is relative as (...) well, which is why all the definitions of the law are also relative. The concept and the definition of the law are also relative because they are of necessity subjective. It is for this reason that they are never truthful. However, even when they are not truthful, they are always useful. Because of these essential cognitive shortcomings and limitations, the law is determined and defined realistically – in a conventional and operative manner – whenever it is possible to do so. Additional difficulties are created by the fact that the number of conventional concepts and definitions of the law is almost limitless. Fortunately, only a number of them, considered operative, are used in the law. And all this because of a possible usefulness. Should the law be useful, then its realistic concept can be determined by the establishment of its common characteristics. On the basis of having at its disposal the mentioned common characteristics, the concept of the law can be operationally determined in both the expanded sense and the restricted sense. Also, it is possible to tell the difference between the three main layers in the concept of the law: complete , incomplete and unfinished law. Obviously, the realistically determined concept of the law is not one-sided, nor is it monolithic, but complex, detailed and as a whole composed of layers of different degrees of being legal. They are used to finely tune the ordering of the relationships between different importance and the degree of the conflict and, which is also important, to legally regulate even those social areas that would otherwise be exclusively regulated with the state or with the social norms. Otherwise, even the Ten Commandments alone would be insufficient to regulate all human relationships. However, the law did not come into being out of leisure time, but out of dire human need to protect the society from self-destruction. Contrary to the realistic concept of the law, there also exist its idealistic, idealized and ideal concepts. However, the idealistic concept of the law is inoperative, the idealized concept of the law is not correct, while the ideal concept of the law is out of human reach.Das Recht stellt ein immens vielfältiges Phänomen dar. Ihn präzise festzulegen entpuppt sich als unsäglich schwierig, denn eine lückenlose Erkenntnis sowie endgültige Definition des Rechts liegt jenseits des menschlichen Vermögens. Zudem geht weder das Recht mit dessen Begriff konform, noch tut es der Begriff des Rechts mit eigener Bestimmung. Dieser Tatbestand lässt durchblicken, die wahre menschliche Befähigung zum Erkennen, Determinieren sowie Definieren des Rechts sei höchst begrenzt, wobei sich ebendiese Schranken als unzuverlässig erzeigen. Die Notion des Rechts ist ebenso relativ, weswegen hiernach sämtliche Begriffsbestimmungen des Rechts relativ sind. Der Begriff einschließlich der Definition des Rechts ist auch aufgrund der ihnen notwendigerweise innewohnenden Subjektivität relativ. Aus diesem Grund sind sie niemals wahrheitsgetreu. Allerdings, auch wenn sie der Wahrheit nicht entsprechen, sind sie stets von Nützlichkeit. Wegen der angebrachten essenziellen erkenntnismäßigen Unzulänglichkeiten und Limitierungen wird das Recht realistisch bestimmt und definiert – in einer konventionellen bzw. operativen Manier – wann immer dies durchführbar ist. Zusätzliche Erschwernisse werden von der Tatsache geschaffen, dass die Zahl der gebräuchlichen Begriffe und Definitionen des Rechts schier unermesslich ist. Glücklicherweise werden lediglich etliche, als operativ angesehene, im Bereich von Recht eingesetzt. Und all dies der denkbaren Nützlichkeit halber. Sollte das Recht nützlich sein, dann lässt sich dessen realistischer Begriff per Gründung seiner gemeinsamen Wesenszüge festsetzen. Auf der Basis der vorhin angeschnittenen, ihm zu Gebote stehenden angehörigen Merkmale, kann der Begriff des Rechts operational determiniert werden, sowohl im erweiterten als auch im engeren Sinne. Ebenfalls ist der Unterschied erkennbar zwischen drei Hauptschichten in dem Begriff des Rechts: vollständiges Recht , unvollständiges Recht und unvollendetes Recht . Augenscheinlich ist der realistischerweise bestimmte Begriff des Rechts weder einseitig noch monolithisch, stattdessen ist er komplex, detailliert und als Ganzes aus Schichten von ungleichem Rechtlichkeitsgrad zusammengestellt. Man gebraucht sie zur Feinabstimmung der Beziehungsordnung zwischen der unterschiedlichen Wichtigkeit und dem Grad des Konflikts, und, was genauso Gewicht hat, um sogar jene Gesellschaftszonen rechtmäßig zu regeln, die anderenfalls ausschließlich seitens der staatlichen bzw. gesellschaftlichen Normen geregelt würden. Ansonsten würden selbst die Zehn Gebote nicht genügen, um menschliche Verhältnisse in ihrer Gänze zu ordnen. Jedoch ist das Recht nicht als Freizeitaktivität entstanden, sondern im Gegenteil als unentbehrliches menschliches Bedürfnis nach Bewahrung der Menschheit vor Selbstauflösung. Der realistischen Notion des Rechts entgegengesetzt existieren parallel dessen idealistische, idealisierte und ideale Begriffe. Dabei gilt der idealistische Begriff als inoperativ, der idealisierte als inkorrekt, während der ideale Begriff außerhalb der menschlichen Reichweite liegt. (shrink)

My paper addresses a topic--the implications of Rawls's justice as fairness for affirmative action--that has received remarkably little attention from Rawls's major interpreters. The only extended treatments of it that are in print are over a quarter-century old, and they bear scarcely any relationship to Rawls's own nonideal theorizing. Following Christine Korsgaard's lead, I work through the implications of Rawls's nonideal theory and show what it entails for affirmative action: viz. that under nonideal conditions, aggressive forms of formal equality (...) of opportunity (e.g., sensitivity training, outreach efforts, external monitoring and enforcement) and compensating support (e.g., special fellowship programs, childcare facilities, mentoring, co-op opportunities, etc.) can be justified, but that "hard" and even "soft" quotas are difficult to defend under any conditions. I conclude the paper by exploring the implications of these surprising results for contemporary liberalism more broadly and for constitutional law and public policy. (shrink)

Despite the efforts of some modern Jewish law scholars, it is difficult to apply models of secular jurisprudence (whether positivist or Dworkinian) to the Jewish legal system. Internal analysis suggests that the “secondary rules” of the system are far too fragile. Rather, the system appears to privilege trust over objectively determinable truth. (But perhaps trust is a concept to which greater attention should be paid also in secular jurisprudence, as a legal realism informed by semiotics might maintain.) The practical (...) implications of this difference are here illustrated both from research on reform of Jewish marriage law and recent developments in the area of law and religion, in the wake of Archbishop Rowan Williams’ advocacy in 2008 of a model of “transformative accommodation”. (shrink)

Firearm violence is a major public health problem in the United States. In 2000, firearms were used in 10,801 homicides – two-thirds of all homicides in the U.S. – and 533,470 non-fatal criminal victimizations including rapes, robberies, and assaults. The social costs of gun violence in the United States are also staggering, and have been estimated to be on the order of $100 billion per year.Illegal gun carrying, usually concealed, in public places is an important risk factor for firearm-related crime. (...) In the 1980s and 1990s, police departments across the country began to develop and implement strategies to address illegal weapons carrying. Often these strategies have involved aggressive efforts to identify and physically search individuals suspected of illegally carrying a firearm. (shrink)

Firearm violence is a major public health problem in the United States. In 2000, firearms were used in 10,801 homicides – two-thirds of all homicides in the U.S. – and 533,470 non-fatal criminal victimizations including rapes, robberies, and assaults. The social costs of gun violence in the United States are also staggering, and have been estimated to be on the order of $100 billion per year.Illegal gun carrying, usually concealed, in public places is an important risk factor for firearm-related crime. (...) In the 1980s and 1990s, police departments across the country began to develop and implement strategies to address illegal weapons carrying. Often these strategies have involved aggressive efforts to identify and physically search individuals suspected of illegally carrying a firearm. (shrink)

The advantages of adopting a realist semantics within linguistics are seen as: first, such semantics can allow for meaningful disagreements between speakers; and second, such semantics minimizes indeterminacy. These two advantages are translated into comparable advantages for such semantics if used in law. Three different versions of realist semantics are distinguished within recent legal theory. Only one of these is deemed capable of delivering the advantages of a truly realist semantics. Although a broad applicability of realist semantics is defended—to cover (...) terms referring to functional and moral as well as natural kinds—a limited role for realist semantics within legal interpretation is defended. Such semantics may provide the first word in legal interpretation; it never provides the last word. The application of realist semantics to law itself is finally assayed. The desirability of legal theory about law being objective is defended. (shrink)

This is a short paper covering my own views on the methods and reasons behind the teaching of medical ethics. All the whys and wherefores are discussed and some conclusions reached. This paper is given from a junior doctor's viewpoint but could equally apply to many others.

Somalia, Haiti, Bosnia, and Kosovo. All are examples where humanitarian intervention has been called into action. This timely and important new volume explores the legal and moral issues which emerge when a state uses military force in order to protect innocent people from violence perpetrated or permitted by the government of that state. Humanitarian intervention can be seen as a moral duty to protect but it is also subject to misuse as a front for imperialism without regard to international law. (...) In Humanitarian Intervention, the contributors explore the many questions surrounding the issue. Is humanitarian intervention permitted by international law? If not, is it nevertheless morally permissible or morally required? Realistically, might not the main consequence of the humanitarian intervention principle be that powerful states will coerce weak ones for purposes of their own? The current debate is updated by two innovations in particular, the first being the shift of emphasis from the permissibility of intervening to the responsibility to intervene, and the second an emerging conviction that the response to humanitarian crises needs to be collective, coordinated, and preemptive. The authors shed light on the timely debate of when and how to intervene and when, if ever, not to. Contributors: Carla Bagnoli, Joseph Boyle, Anthony Coates, Thomas Franck, Brian D. Lepard, Catherine Lu, Pratap Bhanu Mehta, Terry Nardin, Thomas Pogge, Melissa S. Williams, and Kok-Chor Tan. (shrink)

The goal of the research programme I describe in this article is a realist epistemology for arithmetic which respects arithmetic's special epistemic status (the status usually described as a prioricity) yet accommodates naturalistic concerns by remaining fundamentally empiricist. I argue that the central claims which would allow us to develop such an epistemology are (i) that arithmetical truths are known through an examination of our arithmetical concepts; (ii) that (at least our basic) arithmetical concepts are accurate mental representations of elements (...) of the arithmetical structure of the independent world; (iii) that (ii) obtains in virtue of the normal functioning of our sensory apparatus. The first of these claims protects arithmetic's special epistemic status relative, for example, to the laws of physics, the second preserves the independence of arithmetical truth, and the third ensures that we remain empiricists. Preliminaries Justifying and grounding concepts Cameras and filters An epistemology for arithmetic Concluding remarks. (shrink)

ABSTRACT The individual-community relationship has always been one of the most fundamental topics of social sciences. In sociology, this is known as the micro-macro relationship while in economics it refers to the processes, through which, individual actions lead to macroeconomic phenomena. Based on philosophical discourse and systems theory, many sociologists even use the term "emergence" in their understanding of micro-macro relationship, which refers to collective phenomena that are created by the cooperation of individuals, but cannot be reduced to individual actions. (...) "Emergence" theories attempt to explain the nature of society as a complex system by examining how individuals and their relationships lead to the creation of integrated and macro-social phenomena such as markets, educational systems, cultural beliefs, and shared social practices. As a prelude to activity, every researcher has to answer the question from the methodological point of view, how is it possible to study the behavior of social groups and how can we gain knowledge about the laws related to social groups? Anyone who deals with humanities and social sciences or any reality and phenomenon that affects human beings, inevitably deals with the reality that is emerging. In fact, emergence occurs when one level of reality emerges radically from another level. Examples of emergent levels of reality include how the mind emerges from the body; or the way society emerges from human beings. Therefore, when there is an emerging factor, different scientific disciplines should be used, because it is inevitable to talk about social affairs, psychology and neurobiology, as well as physical and even chemical. -/- INTRODUCTION Since its beginning in the 19th century, sociology has faced the fundamental question of what a social phenomena stands for? At a glance, sociologists deal with the study of social groups, collective behavior, institutions, social structures, social networks, and social dynamics, and ultimately all such phenomena are composed of individuals. Therefore, social phenomena seem to have no independent ontological status, and in this case, sociology is ultimately about reducible individuals. Different approaches about the micro-macro relationship, using the concept of "emergence", argue that although collective phenomena are created by individuals, they cannot be reduced to individual action. The term "emergence" is used to distinguish "emergent results" from " Procedural results". Results are called Procedural that can only be calculated by adding or subtracting the causes that act together. On the contrary, they are emergent outcomes that are qualitatively novel compared to the causes from which they originate. An example of such emergent results is mental characteristics that emerge from neural processes, but are not considered among the characteristics of neural processes of components - which are their origin. Philosophical debates about emergentism and reductionism focus on the mind-brain relationship, but as many philosophers have noted, they can be generalized to apply to any hierarchical set of features. The cognitive revolution reactivated a 19th century controversy between theorists of Identity and dualism. The theorists of Identity believe in reductionist materialism and elimination of metaphysics, according to which the mind is nothing more than the biological, while the dualists believe that the mind and the brain are distinct from each other. Emergence has been considered as a third way between the theories of Identity and dualism. -/- METHODOLOGY Interdisciplinarity Is fundamentally indicated by the dominance of open systems as well as social and emerging systems at different levels. Therefore, as long as we are facing a new emergentism, there will necessarily be different fields and an interdisciplinary method. The commonality of social sciences and cognitive sciences on the issue of emergence provides the possibility of interaction and exchange of concepts between these two for deeper research. Therefore, in this research, apart from the concepts of Subvenience and downward causation, we have used multiple realization and wildly disjunctive, which are used to explain the emerging concept in cognitive sciences, including neurobiology, psychology, and philosophy. For analytical and interdisciplinary approaches, after examining the concepts of subvenience, and wildly disjunctive, Individualistic and collectivist emergentism have been reviewed. And then their adequacy is criticized and evaluated in meeting strong emergence conditions. -/- FINDINGS Philosophers of the mind have been able to define the conditions of irreducibility and downward causation, which are essential for strong emergence, by using the principle of subvenience with the help of multiple realization and wildly disjunctive principles. Therefore, by definition, emergentist individualism suffers from the problem of how to explain downward causality and irreducibility, and emergentist collectivism faces the challenge of reification. The analysis of the challenges facing the two methodological approaches of individualism and collectivism leads us to three unresolved issues about the emerging phenomenon, which are realism, downward causality, and mechanism. Despite the differences in the stances of these two approaches regarding the aforementioned triple problems, individualists and collectivists both agree that some social characteristics are reducible; and some others are irreducible due to their complexity, the determination of which, depends on the case study of the mechanism of emergence of each social characteristic. -/- CONCLUSION An emergence that is consistent with reductionism is called a weak emergence. And strong emergence includes the principle of irreducibility and downward causality. According to strong emergence, the characteristics of social phenomena have downward causal power, which cannot be reduced to the causal forces. The principle of subvenience, together with multiple realization and wildly disjunctive, can provide the conditions of irreducibility and downward causality, which are essential conditions of strong emergence. Based on the philosophical analysis of two methodological approaches, individualist and collectivist, it can be concluded that emergentist individualism suffers from the problem of how to explain downward causality and irreducibility, and reification collectivism faces the challenge of reification. The analysis of the problems faced by these two approaches leads us to three unresolved issues, which are realism, downward causality, and mechanism. individualist emergentists acknowledge the existence of emergent social characteristics, but despite this, they believe that these characteristics are not real but merely analytical constructs that require explanation based on individuals and their mutual actions. But collectivists argue that emergentism yields a categorical ontology and supports social realism. They accept the dependence of social characteristics on individuals, but claim that social entities and structures are ontologically independent. Individualists and collectivists both agree that some social characteristics are reducible; and others are irreducible due to their complexity; and the only way to recognize this is to engage in empirical studies of the mechanisms and temporal processes of "emergence" that create social characteristics. -/- NOVELTY The newness of this compact article is as follows: a) Presenting an interdisciplinary approach using the analysis of philosophy of cognitive sciences, including the philosophy of mind, neurobiology and psychology to formulate the issue of social emergence; b) Criticizing individualist and collectivist methodological approaches to the issue of social emergence and explaining the sufficiency and shortcomings of both in providing weak and strong emerging conditions; c) Explaining and categorizing the challenges facing methodological approaches in explaining the phenomenon of social emergence, in three categories: realism, downward causality, and mechanism. 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From supervenience to superdupervenience: meeting the demands of a material world. Mind, 102, 555-586. Humphreys, P. (1997). How properties emerge”. Philosophy of Science, 64, 1-17. Kim, J. (1999). Making sense of emergence. Philosophical Studies, 95, 3–36. Kincaid, H. (1997). Individualism and the unity of science. New York: Rowman & Littlefield. Lewis, D.K. (1986). The plurality of worlds. Oxford: Oxford University Press. Nigel, G., & Conte, R. (eds.) (1995). Artificial societies; The computer simulation of social life. London: UCL Press. O’Connor, T. (1994). Emergent properties. American Philosophical Quarterly, 31, 91-104. Popper, K.R. (1968). Conjectures and refutations: The Growth of Scientific Knowledge. New York: Harper & Row. Sawyer, R. K. (2001). Emergence in sociology: contemporary philosophy of mind and some implications for sociological theory. American Journal of Sociology, 107, 551-585. Sawyer, R. K. (2004). The mechanisms of emergence. Philosophy of the Social Sciences, 34, 260–282. Sawyer, R. K. (2005). Social emergence: societies as complex systems. Cambridge: Cambridge University Press. Sawyer, R.K. (2003). Nonreductive individualism: Part 2, Social causation. Philosophy of the Social Sciences, 33, 203–224. Winch, P. (1993). The idea of a social science and its relation to philosophy‭ (SAMT, Trans.). Tehran, Iran: SAMT. (shrink)

In this paper, I ask whether mishpat ivri (Jewish Law) is appropriately conceived as a “legal system”. I review Menachem Elon’s use of a “Sources” Theory of Law (based on Salmond) in his account of Mishpat Ivri; the status of religious law from the viewpoint of jurisprudence itself (Bentham, Austin and Kelsen); then the use of sources (and the approach to “dogmatic error”) by halakhic authorities in discussing the problems of the agunah (“chained wife”), which I suggest points to a (...) theory more radical than the “sources” theory of law, one more akin to the ultimate phase of the thought of Kelsen (the “non-logical” Kelsen) or indeed to some form of Legal Realism (with which that phase of Kelsen’s thought has indeed been compared)? I finally juxtapose an account based on internal theological resources (a “Jurisprudence of Revelation”). Downloadable at at http://www.biu.ac.il/JS/JSIJ/jsij1.html. (shrink)

Being a healthcare professional in both paediatric and adult hospitals will mean being exposed to human tragedies and stressful events involving conflict, misunderstanding, and moral distress. There are a number of different structured approaches to reflection and discussion designed to support healthcare professionals process and make sense of their feelings and experiences and to mitigate against direct and vicarious trauma. In this paper, we draw from our experience in a large children’s hospital and more broadly from the literature to identify (...) and analyse four established approaches to facilitated reflective discussions. Each of the four approaches seeks to acknowledge the stressful nature of health professional work and to support clinicians from all healthcare professions to develop sustainable skills so they continue to grow and thrive as health professionals. Each approach also has the potential to open up feelings of uncertainty, frustration, sorrow, anguish, and moral distress for participants. We argue, therefore, that in order to avoid unintentionally causing harm, a facilitator should have specific skills required to safely lead the discussion and be able to explain the nature, scope, safe application, and limits of each approach. With reference to a hypothetical but realistic clinical case scenario, we discuss the application and key features of each approach, including the goals, underpinning theory, and methods of facilitation. (shrink)

Introduction The bioethics literature reflects significant interest in and concern with the use of genetic and genomic information in various settings. Because psychiatric treatment and research raises unique ethical, legal, and social issues, we conducted a scoping review of the biomedical, bioethics, and psychology literature regarding the application of genetic and genomic tools to psychiatric disorders (as listed in the DSM-5) and two associated behaviors or symptoms to provide a more detailed overview of the state of the field. Objectives The (...) primary objective was to examine the available bioethics, biomedical, and psychology literature on applying genetic and genomic tools to psychiatric disorders (other than neurodevelopmental disorders) and two behaviors or symptoms sometimes associated with them (aggression or violence and suicidality) to identify the disorders to which these tools have been applied, the contexts in or purposes for which they have been applied, the ethical, legal, or social concerns associated with those uses, and proposed recommendations for mitigating those concerns. Methods We used Arksey and O’Malley’s scoping review framework: (1) identify the research question; (2) identify relevant studies; (3) select studies; (4) chart the data; and (5) collate, summarize, and report results (2005). We relied on Levac et al. to inform our application of the framework (2010). The PRISMA extension for scoping reviews checklist informed our reporting (2018). We searched three electronic databases MEDLINE (PubMed), Embase, and PsycInfo (EbscoHost) for peer-reviewed journal articles in English to identify relevant literature. One author screened the initial results and additional screening was done in consultation with other authors. A data extraction form using DSM-5 diagnostic categories (excluding neurodevelopmental disorders) was developed and two authors independently each reviewed approximately half of the articles. Inter-rater reliability was ensured by double-coding approximately 10% of the papers. An additional author independently coded 10% of the articles to audit the data. Results In 365 coded publications, we identified 15 DSM-5 diagnostic categories in addition to the two pre-selected behaviors or symptoms (aggression or violence and suicidality) to which genetic or genomic tools have been applied. We identified 11 settings in or purposes for which these tools were applied. Twenty-two types of ethical, legal, or social concerns associated with the application of genetic or genomic tools to these disorders or behaviors/symptoms were identified along with 13 practices or policies that could mitigate these concerns. Conclusion Genetic and genomic tools have been applied to a wide range of psychiatric disorders. These raise a range of ethical, legal, and social concerns. Additional research is warranted to better understand the concerns and effective ways to address them. Advancing the literature to identify relevant ethical, legal, or social concerns and solutions to those problems likely requires greater attention to specific applications of genetic or genomic tools to particular psychiatric disorders and associated behaviors/symptoms as well as broad stakeholder engagement. (shrink)

In late 2006, the Department of Education changed the Title IX regulations to broaden the permissibility of single-sex education in primary and secondary schools. The changes took place in the context of a growing concern over the performance and well-being of boys in American schools. This article describes, dissects, and critically analyzes the narrative about boys, masculinity, and single-sex education that surrounded these changes. The public narrative about the need for single-sex education focused, in substantial part, on what I call (...) the essentialist myth of masculinity. This article catalogs the important components of this myth: heteronormativity, aggression, activity, sports-obsession, competitiveness, stoicism, and not being girls. The article then shows, using education and gender theory, that this conception of masculinity is harmful to both girls and boys. Instead of pushing this form of masculinity, the law and schools should make room for multiple and varied masculinities for boys (and girls). The article argues that the Title IX regulatory change that allows for the expansion of single-sex schooling can actually work to further empower and entrench the essentialist myth of masculinity, thus violating its own prohibition on sex stereotyping. By adopting strong interpretations of already-existing jurisprudence about gender stereotyping from both constitutional law and Title IX, the article shows how de-essentializing masculinity is possible and preferable in the law. The article concludes that schools that implement single-sex education must do so for reasons other than promoting an essentialized notion of masculinity and that the law must be vigilant in ensuring that schools' implementation not further reify dominant conceptions of what it means to be a boy. (shrink)

The classic argument against anarchy, and in favor of government, is presented by Thomas Hobbes in his Leviathan, published in 1651. Hobbes contends that a sovereign with sufficient power to make and enforce laws is necessary if individuals are to be both secure from one another’s potential aggressions and prosperous as a result of beneficial cooperation with others. Recently, a number of writers have suggested that, in a nuclearly armed world, an international analogue of Hobbes’s argument demonstrates the necessity of (...) establishing a world government. For convenience, I shall henceforth refer to the general argument underlying this claim as the Nuclear World Government Argument. (shrink)

After the full-scale invasion of the Russian Federation into Ukraine, the flow of forced migration from Ukraine has significantly increased as people tried to protect their lives and find a safe place to live. Given that Ukraine shares the external border with the European Union, most people sought protection precisely in the Member States of the European Union. The study aims to analyze the features of the legal regulation of the provision of temporary protection in the European Union and determine (...) the reasons and conditions that led to its activation after the full-scale invasion of the Russian Federation into Ukraine on February 24, 2022. The leading method of the research was the method of systematic analysis, which helped define temporary protection as a multifaceted phenomenon and determine the reasons and conditions that led to its activation in the European Union after the full-scale invasion of the Russian Federation into Ukraine on February 24, 2022. In order to regulate the mass influx of Ukrainian displaced persons, the European Union has activated the mechanisms of temporary protection, which is an emergency mechanism introduced by a decision of the Council of the European Union. The status of a person with temporary protection provides certain rights analyzed in the article. Thus, the activation by the European Union of the Temporary Protection Directive is a justified and appropriate measure to protect the mass influx of displaced persons from Ukraine. (shrink)

Debates on morally acceptable and lawful end-of-life practices in pediatrics were reignited by the recent amendment in Belgian law to allow euthanasia for minors of any age who meet the criteria for capacity. Euthanasia and its legalization in pediatrics are often opposed based on the availability of aggressive palliative sedation. For terminally ill patients, this type of sedation is often identified as continuous and deep sedation until death. We demonstrate that this reasoning is based on flawed assumptions: CDS is (...) a morally preferable alternative to euthanasia; CDS can meet the same patient needs as euthanasia; children lack the capacity and experience to make EOL decisions; unlike euthanasia, CDS does not raise capacity issues. Our aim is not to reject CDS as a valid option at the EOL, nor to offer a clear-cut defense of euthanasia for minors, but to emphasize the ethical issues with both practices. (shrink)

ABSTRACT:This article examines the place of Machiavelli’sPrincein the history of ethics and the history of leadership philosophy. Close scrutiny indicates that Machiavelli advances an ethical system for leadership that involves uprooting corruption and establishing rule of law. He draws on history and current affairs in order to obtain a realistic understanding of human behavior that forms a basis for a consequentialist ethics. While he claims a good leader might do bad things, this is in situations where necessity constrains a prince (...) to choosing the “least bad” course of action. Furthermore, Machiavelli advocates winning the goodwill of followers through leadership as a source of power. Machiavelli’s leadership ethics has a sophistication not fully enjoyed by his reputation in management scholarship. He would not score as especially “Machiavellian” on the Mach IV. Many of his ideas contain seeds for theories that are now considered important for leadership today. (shrink)

Futility disputes are increasing and courts are slowly abandoning their historical reluctance to engage these contentious issues, particularly when confronted with inappropriate surrogate demands for aggressive treatment. Use of the judicial system to resolve futility disputes inevitably brings media attention and requires clinicians, hospitals, and families to debate these deep moral conflicts in the public eye. A recent case in Minnesota, In re Emergency Guardianship of Albert Barnes, explores this emerging trend and the complex responsibilities of clinicians and hospital (...) administrators seeking to replace an unfaithful surrogate demanding aggressive therapy. Use of the courts requires the coordinated commitment of significant institutional resources, management of intense media scrutiny and individual and organizational courage to enter the unpredictable world of litigation. Given the dearth of legislative guidance on medical futility, individual clinicians and institutions will continue to bear the difficult responsibility for resolution of individual futility disputes. The Barnes case illustrates how one institution successfully used the judicial system to replace an unfaithful surrogate, cease the provision of inappropriate aggressive care, and stimulate a community dialogue about appropriate care at the end of life. (shrink)

During his career, Ronald Dworkin wrote extensively on an impressive range of issues in moral, political, and legal philosophy, but, like many of his contemporaries, international law remained a topic of relative neglect. His most sustained work on international law is a posthumously published article, “A New Philosophy for International Law” (2013), which displays some familiar aspects of his views in general jurisprudence, in addition to some novel (though perhaps surprising) arguments as well. This paper argues that the moralized account (...) of international law we might have expected is conspicuously missing from this posthumous article; with Dworkin advancing an argument based on a form of political realism instead. (shrink)

Fools rush in. ALEXANDER POPE, AN ESSAY ON CRITICISM (London, 1711). The full quotation is, “For Fools rush in where Angels fear to tread.” Id. at 66. She who hesitates is lost. Adaptation of the line, “The woman that deliberates is lost.” JOSEPH ADDISON, CATO: A TRAGEDY, AND SELECTED ESSAYS 30 (2004). See also OLIVER WENDALL HOLMES, SR., THE AUTOCRAT AT THE BREAKFAST TABLE 29 (1858) (“The woman who ‘calculates’ is lost.”). American legal realism numbers among the most important (...) theoretical contributions of legal academia to date. Given the movement’s influence, as well as the common centrality of certain key figures, it is surprising that privacy scholarship in the United States has paid next to no attention to the movement. This inattention is unfortunate for several reasons, including that privacy law furnishes rich examples of the indeterminacy thesis — a key concept of American legal realism — and because the interdisciplinary efforts of privacy scholars to explore extra-legal influences on privacy law arguably further the plot of legal realism itself. (shrink)

Though my title speaks of Kant’s mathematical realism, I want in this essay to explore Kant’s relation to a famous mathematical anti-realist. Specifically, I want to discuss Kant’s influence on L. E. J. Brouwer, the 20th-century Dutch mathematician who built a contemporary philosophy of mathematics on constructivist themes which were quite explicitly Kantian. Brouwer’s theory is perhaps most notable for its belief that constructivism requires us to abandon the traditional logic of mathematical reasoning in favor of different canon of (...) reasoning, called intuitionistic logic. Brouwer thought that classical logic is intrinsically bound up with a nonconstructive view of mathematics. This means that, according to Brouwer, when we do mathematics we must give up bivalence, we must no longer use such familiar logical laws as excluded middle, and we must sometimes forebear from the classic method of reductio ad absurdum. All of these are intuitionistically invalid classical principles. (shrink)

Famously, Kant is a transcendental idealist. Yet he also endorses empirical realism, and even boasts that only the transcendental idealist can be an empirical realist. The difficulty of making sense of those commitments together leads many interpreters to begin by attributing to Kant some variant of conventional, subjective idealism. That in turn requires that Kant's empirical realism be at best a merely ersatz or quasi-realism. But that drains Kant's boast of its significance. For any idealist can be (...) a realist if the 'realism' in question is defined in terms of a prior commitment to idealism. Thus I argue, on the contrary, that we must begin the interpretation of Kant's Critical philosophy by taking his empirical realism to be a genuine, common-sense realism about empirical things. That approach yields a consistent, satisfying, and novel reading of the Critical enterprise, including transcendental idealism, as explaining how empirical realism is possible. Along the way I show, among other things, (1) how to make systematic sense of Kant's controversial theory of meaning, which is standardly either downplayed or regarded as grossly inconsistent with his other core commitments; (2) how to dispense with the centuries-old Neglected Alternative objection; and (3) how to account for the syntheticity of the moral law and its role in conferring experience-immanent meaning on the practical postulates (e.g., of the existence of God). (shrink)

In this paper, I contest increasingly common "realist" interpretations of Hegel's theory of "the concept" (der Begriff), offering instead a "isomorphic" conception of the relation of concepts and the world. The isomorphism recommended, however, is metaphysically deflationary, for I show how Hegel's conception of conceptual form creates a conceptually internal standard for the adequacy of concepts. No "sideways-on" theory of the concept-world relationship is envisioned. This standard of conceptual adequacy is also "graduated" in that it allows for a lack of (...) fit between concept and world. The possibility for a "maximally isomorphic" fit between concept and world obtains through the teleological realization of concepts, which marks especially the "artificial" world of human culture (law, art, religion, etc.). Some of the most seemingly exaggerated claims Hegel makes about the concept, I contend, can be understood when we consider the significance Hegel ascribes to human making, which is provided for in his conceptual theory. But my framework provides an interpretive key for the way Hegel sees concepts imperfectly realized in the natural world as well. (shrink)

Human rights discourse has been likened to a global lingua franca, and in more ways than one, the analogy seems apt. Human rights discourse is a language that is used by all yet belongs uniquely to no particular place. It crosses not only the borders between nation-states, but also the divide between national law and international law: it appears in national constitutions and international treaties alike. But is it possible to conceive of human rights as a global language or lingua (...) franca not just in a figurative or metaphorical sense, but in a literal or linguistic sense as a legal dialect defined by distinctive patterns of word choice and usage? Does there exist a global language of human rights that transcends not only national borders, but also the divide between domestic and international law? Empirical analysis suggests that the answer is yes, but this global language comes in at least two variants or dialects. New techniques for performing automated content analysis enable us to analyze the bulk of all national constitutions over the last two centuries, together with the world’s leading regional and international human rights instruments, for patterns of linguistic similarity and to evaluate how much language, if any, they share in common. Specifically, we employ a technique known as topic modeling that disassembles texts into recurring verbal patterns. The results highlight the existence of two species or dialects of rights talk—the universalist dialect and the positive-rights dialect—both of which are global in reach and rising in popularity. The universalist dialect is generic in content and draws heavily on the type of language found in international and regional human rights instruments. It appears in particularly large doses in the constitutions of transitional states, developing states, and states that have been heavily exposed to the influence of the international community. The positive-rights dialect, by contrast, is characterized by its substantive emphasis on positive rights of a social or economic variety, and by its prevalence in lengthier constitutions and constitutions from outside the common law world, especially those of the Spanish-speaking world. Both dialects of rights talk are truly transnational, in the sense that they appear simultaneously in national, regional, and international legal instruments and transcend the distinction between domestic and international law. Their existence attests to the blurring of the boundary between constitutional law and international law. (shrink)

My focus in this work is on giving an analysis of Peirce's post-1895 remarks about realism and the realism/nominalism debate. I argue that there is a consistent position to be found in these writings, yet in order to understand his position we must look not only at Peirce's remarks on realism, but also to the various themes connected with his realism, viz. to his discussion of the categories, pragmatism, and opposing views. ;From Peirce's direct remarks on (...) realism we learn that there are two kinds of universals, viz., laws and possibilities , both of which are independent of mind. Peirce's claim that Firsts are real as possibilities, and Thirds are real as that to which Seconds conform, constitutes his universal-realism . Thirds, however, are laws, that which science seeks to discover. The subjunctive conditionals which express scientific theories are either true or false, and the entities to which they refer are real or figments. In this consists Peirce's scientific realism, or "scholastic realism". ;From Peirce's discussions of the categories and of nominalism, we learn that there are two kinds of qualities: embodied and unembodied. The latter are uninstantiated universals, the former are dispositions. Peirce's doctrine of pragmaticism is an analysis of embodied qualities, i.e., what it means to say that "an object possesses a character." I suggest that Peirce insists that uninstantiables as necessary for realism about laws because they ground the counterfactuals which law-statements support. ;Because Peirce has both uninstantiated universals, and because he also believes that there is a sense in which universals really are "in" things as parts, he is neither Transcendental nor Immanent Realist exclusively. (shrink)

Brian Z. Tamanaha has written extensively on realism in jurisprudence, but in his Realistic Theory of Law (2018), he uses "realism" in a commonplace way to ground a rough outline of legal history. While he refers to his method as genealogical, he does not acknowledge the complex tensions in the development of the philosophical use of that term from Nietzsche to Foucault, and the complex epistemological issues that separate them. While the book makes many interesting points, the methodological (...) concerns outweigh them in the overall assessment of the value of the work. (shrink)