This book is an uncompromising defense of legal positivism that insists on the separability of law and morality. After distinguishing among three facets of morality, Kramer explores a variety of ways in which law has been perceived as integrally connected to each of those facets. The book concludes with a detailed discussion of the obligation to obey the law--a discussion that highlights the strengths of legal positivism in the domain of political philosophy as much as in the domain of jurisprudence.

What is objectivity? What is the rule of law? Are the operations of legal systems objective? If so, in what ways and to what degrees are they objective? Does anything of importance depend on the objectivity of law? These are some of the principal questions addressed by Matthew H. Kramer in this lucid and wide-ranging study that introduces readers to vital areas of philosophical enquiry. As Kramer shows, objectivity and the rule of law are complicated phenomena, each comprising a number (...) of distinct though overlapping dimensions. Although the connections between objectivity and the rule of law are intimate, they are also densely multi-faceted. (shrink)

Fichte wie auch später Sartre gewinnen vergleichbare Resultate auf der theoretischen Ebene hinsichtlich der ethischen Fundierung der Intersubjektivität im Selbstbewusstsein. Die Rolle der Ästhetik wird von beiden Denkern aufgrund ethischer Implikationen so bestimmt, dass sie die durch sie bestimmte Intersubjektivität auf praktischer Ebene zum Vorschein bringt. Die Ästhetik stellt bei beiden Autoren nicht einen Selbstzweck dar, sondern spielt eine herausragende Rolle für die Bildung der Menschen. Sartre wie auch Fichte brauchen die Ästhetik, um die Ethik zu fundieren. Während Sartre ein (...) unmittelbar lebensbezogenes ästhetisches Denken hat, in dem er ethische Aspekte in seiner Literatur anhand konkreter Beispiele verarbeitet, geht es Fichte in seinen Ausführungen zur Ästhetik vornehmlich um die Frage nach der Bedingung der Möglichkeit des ästhetischen Bewusstseins und darum, dieses als Voraussetzung des ethischen Bewusstseins zu bestimmen. Sartres Ethik offenbart sich vor allem in seinem ästhetischen Schaffen. Dem ästhetischen Moment in Sartres Ethik kommt die zentrale Aufgabe für die Entwicklung des ethischen Individualismus des Menschen und der gesamten Menschheit zu. Die Analogie zu Fichtes transzendentalkritischem Idealismus liegt in der Fundierungsrolle der Ästhetik für die Ethik in beiden philosophischen Konzeptionen, woraus eine aussagefähige Ethik in Sartres Existenzphilosophie resultiert. So zeigt sich In Sartres Literatur der direkte Wechselbezug zwischen praktischer Ethik und produktiver Ästhetik. Die Funktion der Ästhetik wird von Sartre dadurch bestimmt, dass in seinem Konzept mittels der Ästhetik die Vermittlung zwischen theoretischer und praktischer Vernunft geleistet wird. (shrink)

Drawing on many areas of expertise, from paleontology to psychology, Tomasello offers a plausible, evolutionary story abouthow our ancestors are likely to have developed cooperative behaviors and collaborative lifeways in order to survive and thrive.He also claims that this narrative explains why they would have begun to think in characteristically cooperative and moral ways,developing a “we is greater than me” [we>me] psychological orientation. Do the arguments offered support this extra claim? Thisarticle suggests that they do not. It seeks to alleviate (...) this shortcoming by drawing upon some conceptual resources offered bySartre’s Theory of Practical Ensembles. The centerpiece of the article consists of a detailed analysis of Sartre’s account of the genesisof the “group-in-fusion,” seeking to show that the genesis of a we-way of thinking in a group made up of many requires themediation of what Sartre calls a “third party” (le tiers). After closely examining Sartre’s treatment of the “third party” in theapocalyptic genesis of the “group-in-fusion,” I evaluate the success of this notion in resolving those questions that Tomasello’saccount raises while, at the same time, addressing the ontological question concerning the nature of the individual-grouprelation, in a way that suggests new and significant alternatives to standard dilemmas in contemporary social philosophy. (shrink)

Whitehead ignorierte Fichte, und beider Denk- und Darstellungsweisen sind auf den ersten Blick vollkommen verschieden. Dennoch bestätigen sie einander in der für beide zentralen Lehre von der untrennbaren Verbundenheit von Erkennen, Handeln, Fühlen und Selbstbewußtsein. Versucht man aber diese Lehre konsequent als schlechthin apriorische Einsicht zu verstehen, so löst sie sich unweigerlich in leere Redewendungen auf. Die tiefe Bedeutung, um die es durchaus bereits bei Fichte geht, kommt der Einsicht in die Einheit des Menschen in Erkennen, Handeln, Fühlen und Selbstbewußtsein (...) eigentlich erst dann zu, wenn man wie Whitehead die Last des rein aprioristischen Denkens abwirft. (shrink)

In late February and early March 2020, Italy became the European epicenter of the COVID-19 pandemic. Despite increasingly stringent containment measures enforced by the government, the health system faced an enormous pressure, and extraordinary efforts were made in order to increase overall hospital beds’ availability and especially ICU capacity. Nevertheless, the hardest-hit hospitals in Northern Italy experienced a shortage of ICU beds and resources that led to hard allocating choices. At the beginning of March 2020, the Italian Society of Anesthesia, (...) Analgesia, Resuscitation, and Intensive Care issued recommendations aimed at supporting physicians in prioritizing patients when the number of critically ill patients overwhelm the capacity of ICUs. One motivating concern for the SIAARTI guidance was that, if no balanced and consistent allocation procedures were applied to prioritize patients, there would be a concrete risk for unfair choices, and that the prevalent “first come, first served” principle would lead to many avoidable deaths. Among the drivers of decision for admission to ICUs, age, comorbidities, and preexisting functional status were included. The recommendations were criticized as ageist and potentially discriminatory against elderly patients. Looking forward to the next steps, the Italian experience can be relevant to other parts of the world that are yet to see a significant surge of COVID-19: the need for transparent triage criteria and commonly shared values give the Italian recommendations even greater legitimacy. (shrink)

Kramer was one of the most visionary musical thinkers of the second half of the 20th century. In his The Time of Music, he approached the idea of the many different ways that time itself is articulated musically. This book has become influential among composers, theorists, and aestheticians. Now, in his almost completed text written before his untimely death in 2004, he examines the concept of postmodernism in music. Kramer created a series of markers by which we can identify postmodern (...) works. He suggests that the postmodern project actually creates a radically different relationship between the composer and listener. Written with wit, precision, and at times playfully subverting traditional tropes to make a very serious point about this difference, Postmodern Music, Postmodern Listening leads us to a strongly grounded intellectual basis for stylistic description and an intuitive sensibility of what postmodernism in music entails. Postmodern Music, Postmodern Listening is an examination of how musical postmodernism is not just a style or movement, but a fundamental shift in the relationship between composer and listener. The result is a multifaceted and provocative look at a critical turning point in music history, one whose implications we are only just beginning to understand. (shrink)

In this book Eric Kramer introduces his theory of dimensional accrual/dissociation to explain the difference between modernity and postmodernity.

El presente artículo hace una lectura de la obra dramatúrgica Bandada de pájaros: segundo ensayo sobre la memoria (2016) de Jorgelina Cerritos (San Salvador, 1974) desde una perspectiva tanatopolítica. Se indaga acerca del poder que ejerce el Estado salvadoreño en la vida de la ciudadanía, representada por personajes que, desprovistos de su categoría de persona, ven interrumpidos todos sus derechos. Estos sujetos son miembros de una comunidad que se convierten en una amenaza potencial a suprimir por parte del Estado. Además, (...) se analiza la vulnerabilidad de la mujer ante el aparato bélico heteropatriarcal y las posibilidades del teatro como espacio para la construcción de una memoria que restituya el recuerdo y la identidad de los miles de desaparecidos durante la guerra civil salvadoreña. (shrink)

This paper describes a practice innovation: the addition of formal weekly discussions of patients with prolonged PICU stay to reduce healthcare providers’ moral distress and decrease length of stay for patients with life-threatening illnesses. We evaluated the innovation using a pre/post intervention design measuring provider moral distress and comparing patient outcomes using retrospective historical controls. Physicians and nurses on staff in our pediatric intensive care unit in a quaternary care children's hospital participated in the evaluation. There were 60 patients in (...) the interventional group and 66 patients in the historical control group. We evaluated the impact of weekly meetings to establish goals of care for patients with longer than 10 days length of stay in the ICU for a year. Moral distress was measured intermittently and reported moral distress thermometer scores fluctuated. "Clinical situations" represented the most frequent contributing factor to moral distress. Post intervention, overall moral distress scores, measured on the moral distress scale revised, were lower for respondents in all categories, and on three specific items. Patient outcomes before and after PEACE intervention showed a statistically significant decrease in PRISM indexed LOS, a statistically significant increase in both code status changes DNR, and in-hospital death, with no change in patient 30 or 365 day mortality. The addition of a clinical ethicist and senior intensivist to weekly inter-professional team meetings facilitated difficult conversations regarding realistic goals of care. The study demonstrated that the PEACE intervention had a positive impact on some factors that contribute to moral distress and can shorten PICU length of stay for some patients. (shrink)

Keine ausführliche Beschreibung für "Berechenbare Vernunft" verfügbar.

John Locke's labor theory of property is one of the seminal ideas of political philosophy and served to establish its author's reputation as one of the leading social and political thinkers of all time. Through it Locke addressed many of his most pressing concerns, and earned a reputation as an outstanding spokesman for political individualism - a reputation that lingers widely despite some partial challenges that have been raised in recent years. In this major new study Matthew Kramer offers an (...) extensive critique of the labor theory and investigates the consequences of its downfall. With incisive analyses of the merits and failings of many aspects of Locke's political thought, Kramer advances a powerful challenge to Locke's image as an individualist. Employing a rigorously philosophical methodology, but remaining aware of the insights generated by historical approaches to Locke, Kramer concludes that Locke's political vision was in fact profoundly communitarian. (shrink)

Oftentimes, reality seems to us a chaos that we try to control with our theories. This article starts from the antithetic standpoint, inspired by Antonio Rosmini’s works: reality is intelligible, and originates our thinking. From this perspective, any research that tries to reach the truth is determined by the real, not the contrary. Moreover, interdisciplinarity, far from being a solipsistic enterprise, aims at achieving truth and guaranteeing scientific advancement. Here, we analyze the distinctive character of Rosminian encyclopedism and his principles (...) for preventing human errors. We then clarify why it is impossible to achieve perfection, and why such an impossibility is not problematic for the interdisciplinary dialogue. (shrink)

Coordination between speakers in dialogue requires balancing repetition and change, the old and the new. Interlocutors tend to reuse established forms, relying on communicative precedents. Yet linguistic interaction also necessitates adaptation to changing contexts or dynamic tasks, which might favor abandoning existing precedents in favor of better communicative alternatives. We explored this tension using a maze game task in which individual participants and interacting pairs had to describe figures and their positions in one of two possible maze types: a regular (...) maze, in which the grid‐like structure of the maze is highlighted, and an irregular maze, in which specific parts of the maze are salient. Participants repeated this task several times. Both individuals and interacting pairs were affected by the different maze layouts, initially using more idiosyncratic description schemes for irregular mazes and more systematic schemes for regular mazes. Interacting pairs, but not individuals, abandoned their unsystematic initial descriptions in favor of a more systematic approach, which was better adapted for repeated interaction. Our results show communicative conventions are initially shaped by context, but interaction opens up the possibility for change if better alternatives are available. (shrink)

Considering Rosmini’s political works in comparison with his metaphysical and anthropological essays, and starting from Rosmini's project of a code of law that, in the author’s opinion, can guarantee fundamental human rights, this article discusses the concept of justice between citizens and outsiders. Its first part is an analysis of Rosmini’s juridical fundaments, which takes into account also some objections historically moved against it. Its second part examines some specific cases of conflicts between outsiders and the members of civil society, (...) as considered by the Roveretan philosopher. (shrink)

Moral distress is a well-documented phenomenon for health care providers (HCPs). Exploring HCPs’ perceptions of participation in moral distress interventions using qualitative and quantitative methods enhances understanding of intervention effectiveness. The purpose of this study was to measure and describe the impact of a two-phased intervention on participants’ moral distress. Using a cross-over design, the project aimed to determine if the intervention would decrease moral distress, enhance moral agency, and improve perceptions about the work environment. We used quantitative instruments and (...) explored participants’ perceptions of the intervention using semi-structured interviews. Participants were from inpatient settings, within three major hospitals of a large, urban healthcare system in the Midwest, United States. Participants included nurses (80.6%) and other clinical care providers. Using generalized linear mixed modeling we assessed the change in each of the outcome variables over time controlling for groups. Interviews were audiotaped and professionally transcribed. The written narratives were coded into themes. The change in scores on study instruments trended in the desired direction however did not meet statistical significance. Qualitative interviews revealed that intervention effectiveness was derived from a combination of learning benefits, psychological benefits, and building community that promoted moral agency. Findings demonstrate a clear link between moral distress and moral agency and suggest that Facilitated Ethics Conversations can enhance the work environment. Findings provide insight for developing evidenced-based approaches to address moral distress of hospital nurses. (shrink)

The rise of the idea of the Anthropocene is promoting multiple reflections on its meaning. As we consider entering this new geological epoch, we realize the pervasiveness of humankind’s deconstruction and reconstruction of the Earth, in both geophysical and discursive terms. As the body of the Earth is marked and reshaped, so is its idea. From a hostile territory to be subjugated and exploited through sovereign commands, the Earth is now reframed as a vulnerable domain in need of protection. The (...) mode of sovereignty, which has accompanied human and legal history and practice during modernity and its project of mastery, is no longer useful. Humanity’s control of the Earth is being reimagined and reconfigured along biopolitical coordinates of thought and action. Biopolitics shifts the focus of power, changes its modalities of interventions, and rearticulates its legitimacy on the idea of taking responsibility for the Earth, for nature. A biopolitical re-orientation of law captures the fundamental aim of caring for nature, of fostering its vital possibilities and of enhancing its productive potential. Yet, biopolitics engulfs nature in its entirety under its framework of control, where protection and subjugation, vulnerability and productivity, life and death are constantly entangled in a reciprocal and inevitable relation of indistinguishability. Sovereignty becomes thus a key modality of biopolitical intervention, when nature is recalcitrant, wild, spontaneous, unpredictable, violent, dangerous. Biopolitics, thus, remains caught in an undecidable dilemma, where in order to protect the Earth, it must subjugate it; to save it, it must condemn it. In this respect, biopolitics remains utterly modern, or as argued by Roberto Esposito, modernity has always been biopolitical, insofar as modernity has emerged as a framework for the protection of life against life’s own excesses. But how can we escape the biopolitical reframing and enframing of the Earth and its total subsumption under its matrix of control? How can we rethink the encounter between law and nature without remaining entangled in the aporetic dilemma of biopolitics? An aesthetics of wonder may offer a way. (shrink)

Research in face recognition has tended to focus on discriminating between individuals, or “telling people apart.” It has recently become clear that it is also necessary to understand how images of the same person can vary, or “telling people together.” Learning a new face, and tracking its representation as it changes from unfamiliar to familiar, involves an abstraction of the variability in different images of that person's face. Here, we present an application of principal components analysis computed across different photos (...) of the same person. We demonstrate that people vary in systematic ways, and that this variability is idiosyncratic—the dimensions of variability in one face do not generalize well to another. Learning a new face therefore entails learning how that face varies. We present evidence for this proposal and suggest that it provides an explanation for various effects in face recognition. We conclude by making a number of testable predictions derived from this framework. (shrink)

Many published instruments for assessing adolescent adjustment can be implemented in the school context. However, most of them fail to include a comprehensive and positive theoretical perspective of adolescent development and, even when they do, priority is often given to the clinical perspective, or problems with ecological validity and cost-effectiveness emerge. The Magallanes Adaptation Scale is a 90-item Likert-instrument designed for Spanish-speaking adolescents in order to screen several adjustment areas from a holistic and positive perspective of development. Although some evidence (...) of its psychometric robustness has been tested, no confirmatory analysis of its structure has been published. This paper analyzes the items and the factor structure (exploratory factor analysis and confirmatory factor analysis, using the split-half method) of the scales. Participants were 948 Spanish adolescents (49.84% girls) aged between 11 and 17 and stratified sampled. Thirty-six items were removed from the item analysis. The results of the exploratory factor analysis revealed five factors, excluding mother’s adaptation. Several models were tested during the confirmatory factor analyses, with a 24-item second-order four-factor solution being found to have the best adjustment indicators. The short version proposed in this paper can constitute a helpful tool with screening purposes to help school teachers to assess students’ overall development beyond mere academic performance, although further validity research is needed. (shrink)

A discourse on method -- Hart on legal powers and law's normativity -- The components of Hart's jurisprudential theory -- Hart on legal interpretation and legal reasoning -- Law and morality.

El objetivo de este texto es investigar sobre los posibles puntos de encuentro entre la psicoterapia existencial, un paradigma psicológico arraigado en las filosofías de la existencia, y el posicionamiento del profesor Marino Pérez Álvarez, quien se define a sí mismo como conductista radical, respecto a su manera de entender la existencia humana y el modelo más adecuado de psicoterapia. Para ello se proponen seis puntos de encuentro: necesidad de una fundamentación filosófica para la psicología, crítica al cientificismo y al (...) modelo médico, interpretación de los trastornos mentales como problemas de la vida cotidiana, recuperación del paciente como protagonista de la terapia, crítica a la psicología positiva y crítica al dualismo cartesiano. (shrink)

Resumen Este artículo intentará contribuir a la discusión teórica y filosófica política sobre la emancipación y la democracia en base a la producción intelectual reciente de Étienne Balibar y Jacques Rancière. Las nociones con las que ambos autores acompañan la idea de emancipación, por una parte, iluminan sobre otros modos posibles de pensar la política, las luchas y la transformación, y, por otra parte, permiten re-significar la filosofía y la política, así como la inclusión de la igualdad radical entre los (...) seres hablantes en el centro de la disputa teórica y política.This article will attempt to contribute to the theoretical and philosophical political discussion on emancipation and democracy based on the recent intellectual production of Étienne Balibar and Jacques Rancière. The notions with which both authors accompany the idea of emancipation, on the one hand, illuminate on other possible ways of thinking about politics, struggles and transformation, and, on the other hand, allow us to re-signify philosophy and politics, thus as the inclusion of radical equality between speaking beings at the center of the theoretical and political dispute. (shrink)

Given a space in an elementary submodel M of H, define XM to be X∩M with the topology generated by . It is established, using anti-large-cardinals assumptions, that if XM is compact and its regular open algebra is isomorphic to that of a continuous image of some power of the two-point discrete space, then X=XM. Assuming in addition, the result holds for any compact XM satisfying the countable chain condition.

Although the literature on corporate social responsibility has discussed the scope and meaning of CSR extensively, confusion still exists regarding how to define the concept. One controversial issue deals with the changing legal status of CSR. Based on a review of CSR definitions and meta-studies on CSR definitions, we find that the majority of definitions leans toward voluntary CSR. However, some recent regulatory amendments toward mandatory CSR have called into question the established idea of CSR as merely a managerial tool (...) of self-regulation. In this paper, we juxtapose the evolution of CSR in India against the scholarly literature discussing voluntary-versus-mandatory CSR to understand the recent shift toward a new conceptualization of CSR as a form of co-regulation that includes elements of both voluntary and mandatory regulation. The Indian Companies Act 2013 is a remarkable example in that it replaced an older version from 1956, taking a bold step toward the integration of voluntary and mandatory aspects in the application of CSR. We present practical implications of the Indian case for businesses and discuss implications for CSR theory development; we particularly consider the evolution of the business and society relationship from a voluntary soft law approach to CSR to an increasingly hard law approach and transitory hybrid forms in-between like soft–hard law and hard–soft law. (shrink)

Some recent uses of artificial intelligence for facial recognition, evaluating resumes, and sorting photographs by subject matter have revealed troubling disparities in performance or impact based on the demographic traits of subject populations. These disparities raise pressing questions about how using artificial intelligence can work to promote justice or entrench injustice. Political theorists and philosophers have developed nuanced vocabularies and theoretical frameworks for understanding and adjudicating disputes about what justice requires and what constitutes injustice. The interdisciplinary community committed to understanding (...) and conscientiously using big data could benefit from this work. Thus, in the spirit of encouraging cross-disciplinary dialogue and collaboration, this piece examines contemporary scholarship in political theory and philosophy to illustrate some of the vocabularies and frameworks political theorists and philosophers have developed for thinking about justice and injustice. It then draws on these frameworks to illuminate how the use of artificial intelligence can implicate questions of justice, with a focus on institutional discrimination, structural injustice, and epistemic injustice. Ultimately, the piece argues that the use of artificial intelligence—far from representing a decision to take power out of human hands—represents a novel way of harnessing human power, making questions of justice central to its conscientious undertaking. (shrink)

After the establishment of the independent Slovak Republic, legal and institutional ground rules were set for providing asylum to foreigners present on the territory of the Slovak Republic. The national legislation of the last twenty years was adopted in compliance with international treaties and the European Union instruments covering asylum matters. In the field of asylum policy, the Slovak Republic complies with its traditional pillars and supports new forms of protection following the new challenges faced by the international community. The (...) currently valid Asylum Act regulates the international protection of aliens in the Slovak Republic, by defining the conditions and procedures related to granting asylum and provision of subsidiary protection and temporary shelter. The Asylum Act also covers the rights and obligations of different categories of persons, stay in asylum facilities and, partially, the integration of persons that are granted asylum. This article describes and analyses the development of the Slovak asylum legal framework and the concept of asylum policy. Furthermore, it looks at different protection statuses granted to foreigners and finally deals with the refugee migration trends in the Slovak Republic. (shrink)