The early decades of the last century saw European philosophical thought becoming increasingly interested in the sociological extension of the idea of law. From the viewpoint of the sociology of law, law is formed in the process of social interactions and is not sanctioned by the state. Sergey Hessen and Georges Gurvitch base their conceptions of social law on the sociology of law in the 1920s and 1930s. They start a polemic in the pages of the journal Sovremenniye zapiski. Although (...) they differ radically in their definitions of the status of the state they concur in defining society as a set of social institutions and communities existing as instruments for expressing personal freedom. The social regulations they propose are already legal situations. Hessen and Gurvitch believe that the individual can fully exercise his/her freedom only in conditions of such legal pluralism. However, the concept of legal pluralism involves an inherent problem of preserving social unity: why is it that society does not fall into a range of autonomous social entities, each offering the individual its own legal order for actualising freedom? To solve this problem the philosophers use the concept of “the general will”. General will is an instrument of correlation between individual freedom and the development of society and culture as a whole. The object of philosophical dispute is how the general will is formed: 1) in the process of social self-organisation according to Gurvitch; 2) in the operation of the suprafunctional organisation according to Hessen. The difference in the grounding of the general will leads to a difference in the concepts of social unity: 1) sobornost according to Gurvitch and 2) solidarity according to Hessen. Analysis of the dispute between Gurvitch and Hessen brings out not only the differences in the interpretation of social unity but also the fundamental problems with the conceptions of social law. (shrink)

AimsThis study evaluates a protocol for early, routine ethics consultation for patients on extracorporeal membrane oxygenation to support decision-making in the context of clinical uncertainty with the aim of mitigating ethical conflict and moral distress.MethodsWe conducted a single-site qualitative analysis of EC documentation for all patients receiving ECMO support from 15 August 2018 to 15 May 2019. Detailed analysis of 20 ethically complex cases with protracted ethics involvement identifies four key ethical domains: limits of prognostication, bridge to nowhere, burden of (...) treatment and system-level concerns. There are three subthemes: relevant contextual factors, the role of EC and observed outcomes. Content analysis of transcripts from interviews with 20 members of the multidisciplinary ECMO team yields supplemental data on providers’ perceptions of the impact of the early intervention protocol.ResultsLimited outcome data for ECMO, unclear indications for withdrawal, adverse effects of treatment and an obligation to attend to programme metrics present significant ethical challenges in the care of this patient population. Upstream EC mitigates ethical conflict by setting clear expectations about ECMO as a time limited trial, promoting consistent messaging among multiple services and supporting surrogate decision-makers. When ECMO becomes a ‘bridge to nowhere’, EC facilitates decision-making that respects patient values yet successfully sets limits on non-beneficial use of this novel therapy.ConclusionData from this study support the conclusion that ECMO poses unique ethical challenges that necessitate a standardised protocol for early, routine EC—at least while this medical technology is in its nascent stages. (shrink)

This volume continues the examination of issues of life and death which F.M. Kamm began in 'Morality, Mortality, ' Volume I (1993). Kamm continues her development of a non-consequentialist ethical theory and its application to practical ethical problems.

Why is death bad for us, even on the assumption that it involves the absence of experience? Is it worse for us than prenatal nonexistence? In this first volume of the two-volume Morality, Mortality, Kamm begins by considering these questions, critically examining some answers other philosophers have given. The book examines specifically what differences between persons are relevant to the distribution of any scarce resource, discussing for example, the distribution of bodily organs for transplantation.

Many contemporary logicians acknowledge a plurality of logical theories and accept that theory choice is in part motivated by logical evidence. However, just as there is no agreement on logical theories, there is also no consensus on what constitutes logical evidence. In this paper, I outline Jean Piaget’s psychological theory of reasoning and show how he used it to diagnose and solve one of the paradoxes of material implication. I assess Piaget’s use of psychology as a source of evidence for (...) logical theory in light of reservations raised by psychologism, and I highlight some ramifications for exceptionalism and anti-exceptionalism about logic by considering his use of psychology as logical evidence in the framework of genetic epistemology, Piaget’s research programme. I conclude that Piaget’s psychological theory of reasoning not only plausibly serves as a source of evidence for logical theory but also makes a strong case for anti-exceptionalism about logic. (shrink)

Twentieth century philosophers introduced the distinction between “objective rightness” and “subjective rightness” to achieve two primary goals. The first goal is to reduce the paradoxical tension between our judgments of what is best for an agent to do in light of the actual circumstances in which she acts and what is wisest for her to do in light of her mistaken or uncertain beliefs about her circumstances. The second goal is to provide moral guidance to an agent who may be (...) uncertain about the circumstances in which she acts, and hence is unable to use her standard moral principle directly in deciding what to do. This paper distinguishes two important senses of “moral guidance”; proposes criteria of adequacy for accounts of subjective rightness; canvasses existing definitions for “subjective rightness”; finds them all deficient; and proposes a new and more successful account. It argues that each comprehensive moral theory must include multiple principles of subjective rightness to address the epistemic situations of the full range of moral decision-makers, and shows that accounts of subjective rightness formulated in terms of what it would reasonable for the agent to believe cannot provide that guidance. (shrink)

There is a perplexing transition in Dr. Reza Davari's thought, when he problematizes the relation between Iranian and Western history/cultures, on which this paper is focusing. The interperative objective is to clarify this transition on the basis of the implicit relation between the two most fundamental concepts in his earlier and later thought respectively westernization and underdevelopment. Although, by this transition, the level of discussion transits from an ontologico-philosophical to an intellectualist one. So, there are two different levels of problematization (...) in his thought which differ deeply. Therefore, we are not just dealing with the substitution of fundamental concepts, but with different problematizations and different levels of discussion. Obviously, there will be new problems arising which are not just concerning with the justification of the transition but with the problematization of westernization itself. Finally, it's been concluded that in order to clarify these new problems, we should step back to the level of philosophical discussion, and first of all to the clarification of the I-not-I relation which has been neglected thoroughly in the whole project. (shrink)

Oxford Scholarly Classics is a new series that makes available again great academic works from the archives of Oxford University Press. Reissued in uniform series design, the reissues will enable libraries, scholars, and students to gain fresh access to some of the finest scholarship of the last century.

The traditional mode of explanation in physics via deduction from partial differential equations is contrasted here with explanation via simulations. I argue that the different technologies employed constitute different languages, which support different sorts of narratives. The narratives that accompany simulations and articulate their meaning are typically historical or natural historical in kind. They explain complex phenomena by growing them rather than by referring them to general laws. Examples of such growth simulations and growth narratives come from the evolution of (...) wave functions in quantum chaos, snowflake formation, and Etruscan genetics. The examples suggest a few concluding remarks on historical explanation. (shrink)

Scholars who deal with Heidegger’s philosophy often remark the scarcity of his references to phenomenological reduction as a means to grant access to the point of view of the being-in-the-world of the Dasein, the central theme of his early philosophy. Also the role of phenomenological reduction in Heidegger’s philosophy makes problem, as he criticizes Husserl for making of reduction a mere tool to reveal a pure, timeless and extra-worldly conscience – an untenable claim, according to Heidegger, for Dasein’s being-in-the-world, as (...) his most original way of being, can never be put out of play by any reduction. The role of transcendental reduction in Heidegger’s phenomenology is the theme of the present paper. (shrink)

Descartes' methodical doubt is being criticized by naïve realists and others who don't find doubt as a good starting point for metaphysical thought, however, the philosophical achievements of his method have been absorbed in all later philosophies. The objective of this paper is to demonstrate how an inevitable question concerning the foundation of Descartes' mathesis universalis, which led him to investigate this foundation by applying this very method in Metaphysics, has finally enabled him to discover his most important philosophical principle, (...) i.e., the necessary relation between being and reason in the identity of the "I". To demonstrate this, after summarizing the fundamental ideas of mathesis uneversalis, and showing the inner necessity of introducing the methodical doubt to fortify these ideas, the decisive role of metaphysical doubt as the third step of the methodical doubt, and malicious demon as its second phase would be highighted. It would also become clear that the metaphysical doubt has a great importance as a turning point from different aspects: as a knot that ties mathesis universalis with its underlying Metaphysics; as a bridge from within the psychological "I" to the metaphysical "I". (shrink)

From Buñuel and Dali’s Un Chien Andalou to recent works by Danish filmmaker Nicolas Winding Refn, the cinematic destruction of the eye has become iconic due to its striking effect upon film spectators’ visceral experiences as well as its ability to influence their symbolic or fetishistic desires. By exploiting the natural discomfort and disgust produced by these types of images and then situating them within an aesthetic and psychoanalytic framework, Refn and other filmmakers provide a visual showcase for a unique (...) type of cinematic violence, one which demands that viewers reappraise the value of their own eyes as well as the values which reflect social attitudes towards law enforcement, crime, and justice. (shrink)

Abstract -/- Before Descartes, middle age philosophers like Thomas Aquinas (1225-1274), Duns Scotus (1266-1308), and Francisco Suarez (1548-1617) used to discuss the distinction between essence and existence in three ways (of course, Ibn-Sina was the first who made this distinction to rehabilitate Aristotelian philosophy in the Islamic heritage). Descartes was aware of that, but discussed it according to the relation between mind and body. Yet, he told us many times that he was used to separate essence from existence in metaphysical (...) issues. The objective of this paper is first to rephrase his untold opinion about the relation between essence and existence on the basis of his conception of the problem of distinction according to mind and body, and second, to disclose that Descartes's conception of existence is twofold. At the end, it is claimed that his twofold notion of existence and his inability to overcome it, is the principal factor in his failure to explicate everything according to first principles, and so in his failure to defeat skepticism. (shrink)

'Thought insertion' in schizophrenia involves somehow experiencing one's own thoughts as someone else's. Some philosophers try to make sense of this by distinguishing between ownership and agency: one still experiences oneself as the owner of an inserted thought but attributes it to another agency. In this paper, we propose that thought insertion involves experiencing thought contents as alien, rather than episodes of thinking. To make our case, we compare thought insertion to certain experiences of 'verbal hallucination' and show that they (...) amount to different descriptions of the same phenomenon: a quasi-perceptual experience of thought content. We add that the agency/ownership distinction is unhelpful here. What requires explanation is not why a person experiences a type of intentional state without the usual sense of agency, but why she experiences herself as the agent of one type of intentional state rather than another. We conclude by sketching an account of how this might happen. (shrink)

Kant's Critique of Pure Reason, his main work of theoretical philosophy, frequently uses metaphors from law. In this first book-length study in English of Kant's legal metaphors and their role in the first Critique, Sofie Møller shows that they are central to Kant's account of reason. Through an analysis of the legal metaphors in their entirety, she demonstrates that Kant conceives of reason as having a structure mirroring that of a legal system in a natural right framework. Her study shows (...) that Kant's aim is to make cognisers become similar to authorized judges within such a system, by proving the legitimacy of the laws and the conditions under which valid judgments can be pronounced. These elements consolidate her conclusion that reason's systematicity is legal systematicity. (shrink)

Abstract -/- The objective of this paper is to clarify that the distinction Malkam Khan makes between natural (ordinary) and scientific reason, is crucial to his entire thought, and he makes this distinction because he is aware of the critical status the idea of method has in the formation of the scientific reason. So, I try to prove that the idea of method and the distinction he makes between these two reasons are the same idea which is to be considered (...) as his central idea. According to Malkam Khān, following the principles of this reason is the key to prosperity and progress. So, he believes that in order not to be colonized, we should progress, and in order to become prosperous, we should act according to the principles of scientific reason. On the basis of this analysis I claim that he thinks like a strategist, therefore, whenever we want to interpret his thought as a consistent whole, we should consider this particular approach. My own approach in this paper is in harmony with the main argument of Malkam Khān, trying to interpret his thought not on the basis of his personal character, his concealed intentions, or simple political events in which he was a part, but on the basis of seeing his thought as scientifically (objectively) as possible by focusing on his own writings in different stages of his thought-life, and analyzing them structurally. (shrink)

This book defends antitheodicism, arguing that theodicies, seeking to excuse God for evil and suffering in the world, fail to ethically acknowledge the victims of suffering. The authors argue for this view using literary and philosophical resources, commencing with Immanuel Kant's 1791 "Theodicy Essay" and its reading of the Book of Job. Three important twentieth century antitheodicist positions are explored, including "Jewish" post-Holocaust ethical antitheodicism, Wittgensteinian antitheodicism exemplified by D.Z. Phillips and pragmatist antitheodicism defended by William James. The authors argue (...) that these approaches to evil and suffering are fundamentally Kantian. Literary works such as Franz Kafka'sThe Trial, Samuel Beckett's Waiting for Godot, and George Orwell's Nineteen Eighty-Four, are examined in order to crucially advance the philosophical case for antitheodicism. (shrink)

Legendary director, actor, author, and provocateur Werner Herzog has incalculably influenced contemporary cinema for decades. This essay collection by professional philosophers and film theorists from around the globe offers a diversity of perspectives on how the thinking behind the camera is revealed in the action Herzog captures in front of it.

The essays in this volume were written to celebrate the sixtieth birthday of G. E. L. Owen, who by his essays and seminars on ancient Greek philosophy has made a contribution to its study that is second to none.

For the last few years, the Escuela de Estudios Árabes has been carrying out a project for the computerisation of Arabic manuscripts. In this paper, we explain the benefits of consulting a manuscript using computer support, as apposed to traditional methods. We outline the steps followed in the process of building a digital archive: scanning of the manuscript as the first step, retrieval and use of the images storaged in the computer as the last one.

Imagism about Phenomenal Thought is (roughly) the view that there is some concept *Q* (for some sensory quality Q) that we can employ only while we experience the quality Q. I believe this view is theoretically significant, is or can be made intuitively appealing, and is explicitly or implicitly accepted by many contemporary philosophers However, there is no good reason to accept it. Or so I argue.

This book integrates pragmatism and transcendental philosophy in examining the most serious problem defining the human condition, death and mortality. Its analysis of human limits and finitude is intended to be relevant to the concerns of philosophers specializing in, for example, transcendental philosophy, philosophical anthropology, pragmatism, Wittgenstein, and the philosophy of religion. Mortality is studied as providing a necessary framework within which questions concerning the meaningfulness or meaninglessness of human life become possible.

"Fascinating....An imaginative, deeply engaging philosophical adventure."--Ethics. "Will quickly become, in debates concerning the sorts of distribution problems Kamm is concerned with, what Rawls's Theory of Justice is for more general debates about distributive justice."--Journal of Medical Ethics.