The question 'Why should I obey the law?' introduces a contemporary puzzle that is as old as philosophy itself. The puzzle is especially troublesome if we think of cases in which breaking the law is not otherwise wrongful, and in which the chances of getting caught are negligible. Philosophers from Socrates to H.L.A. Hart have struggled to give reasoned support to the idea that we do have a general moral duty to obey the law but, more recently, the greater number (...) of learned voices has expressed doubt that there is any such duty, at least as traditionally conceived. (shrink)

Although most contemporary utilitarians believe that their theory can be held only in a modified form, Sartorius contends that the traditional position, act-utilitarianism, is defensible. He explains the traditional position and defends it against the often made objection that it does not require sufficiently strict adherence to socially valuable legal and moral rules. Act-utilitarianism makes every useful act right, but utility sometimes is maximized if rules are adopted which disallow individually useful violations. If all useful acts are right regardless (...) of any rule they violate, then general rules become nothing more than summary rules or rules of thumb which, in appropriate circumstances, need not be followed. Act-utilitarians need not, according to Sartorius, consider general rules to be only summary ones. Once a rule is seen to be most productive of utility if no exceptions are allowed, the adoption of sanctions to enforce the rule would be justified; when enforced by sanctions, summary rules become genuine social norms because they are capable of directing behavior into desired channels. Besides his account of social norms, Sartorius discusses many other issues related to the utilitarian theory; he criticizes Rawls’ account of distributive justice, provides utilitarian analyses of the obligations to keep promises and obey the law, supports Narveson’s well-known solution to the population problem and discusses how the principle of utility can be vindicated. Because this book deals so clearly with many important issues, it should be read by all those interested in normative ethical theories.—M.G. (shrink)

"In this paper I shall attempt to sketch a defense of the plain man's view that the job of the judge, qua judge is to apply the law." What seems to have lead to the other view is the pervasive role of policy and principle in the justification of judicial decisions. This is no argument, however, for the existence of discretion: "For while it must be admitted that judges are entitled to appeal to certain general policies and principles, this by (...) no means implies that they are entitled to exercise discretionary judgment in the formulation of such standards." With Dworkin, distinguishes weak and strong discretion: the former means merely final or controversial; the latter implying that judges are at some point free to reach decisions not controlled by authoritative standards. Agrees with Dworkin that non-rule standards are part of law. "Both Dworkin and I are in agreement that law is a system of entitlements, although, as we shall see, we differ as to what is their basis." "At any rate, we share the view that a litigant before a court of law is not in the position of one begging a favor from a potential benefactor, but rather in that of one demanding a particular decision as a matter of right, as something to which the law entitles him. Such a demand has two aspects: a claim that a right exists which the law recognizes; a claim that this right takes precedence over any competing legal rights or obligations involved. Let us refer to these two sorts of claims respectively as ones involving decisions as to recognition, and weight.:" Argues that we cannot distinguish between legal moral principles and non-legal moral principles without a rule of recognition. The same is true for the problem of establishing weight between various principles - here we have to consider how well a principle coheres with the institutional practice of a legal system. "[I]t is the distinctive feature of the institutionalized role of the judiciary, in contrast to the legislative, that it may not directly base decisions on substantive considerations of the value of competing social policies." "The theoretical possibility of the law being indeterminate with regard to what it requires...does not imply any correspondign indeterminacy with regard to what is required of the judge.". (shrink)

Hippocampal neurogenesis has been implicated in the pathogenesis of and recovery from depression. However, most of the underlying studies were endpoint investigations in experimental animals yielding conflicting results, and it has been under debate to which extent these results could be transferred to human patients. Now, researchers have developed a powerful new tool to address these questions by a non‐invasive method in humans and animals in vivo, using magnetic resonance spectroscopy to detect a biomarker for proliferating progenitor cells that give (...) rise to new neurons.1 This makes it possible to study the role of neural progenitor cells in a wide variety of human brain disorders. BioEssays 30:806–810, 2008. © 2008 Wiley Periodicals, Inc. (shrink)

The publication of the DSM-5 awakened the interest in the classification of mental disorders and in factors which influence the production of a classification and its use. Among these are the debates about the limits between mental disorders and normality, the impact of vested interest in the publication of a revised version of a classification or its postponement, the problems of making those concerned use the classification and numerous others. The chapter discusses these issues and makes suggestions about the way (...) forward. (shrink)

The order in which Plato’s thoughts follow upon one another in the Republic is logical, but the dramatic or the picturesque medium through which he is constantly presenting his ideas disguises the logical structure of the work.

Pt. 1. The context -- pt. 2. Principles of ethics in psychiatry -- pt. 3. The applications of the ethical principles in psychiatric practice and research -- pt. 4. Non-medical uses of psychiatry -- pt. 5. Teaching ethics in psychiatry -- pt. 6. Conclusions and summary.

La democracia en el sentido contemporáneo del término, como autogobierno político de los seres humanos basado en la libertad y a igualdad, es de muy reciente implantación y cuenta con limitaciones geográficas y temáticas. Hoy, cuando la democracia representativa ha alcanzado nuevos espacios, en su marco tradicional del Estado-nación, las nuevas tecnologías y la globalización y la globalización de los procesos económicos la han puesto de nuevo en crisis. La expansión ilimitada del capital –semejante a la del universo- no ha (...) tenido un equivalente en el terreno de la política, en el mejor de los casos, democrática, que sigue encorsetada en los estrechos límites del Estado-nación. Límites que sólo serán sobrepasados cuando la democracia, también, se haga expansiva. El subsistema democrático español, dentro del sistema de democracias europeas, es reciente y se considera producto de una determinada relación de fuerzas en un proceso histórico convulso en el que se han conocido, sobre todo, dictaduras. A pesar de ser el actual régimen político una democracia normalizada, contiene insuficiencias o limitaciones que conviene concretar. Éstas se manifiestan en cuestiones geoestratégicas de cierta dependencia: un deficiente sistema productivo no incrustado en la ciencia ni en la innovación; una insuficiente cohesión social y un excesivo poder económico; un problema territorial no resuelto y un Estado que no acaba de ser laico. (shrink)

Writing from a scientifically and philosophically informed perspective, the authors provide a critical overview of the conceptual difficulties encountered in many current neuroscientific and psychological theories.

A long-standing theme in discussion of perception and thought has been that our primary cognitive contact with individual objects and events in the world derives from our perceptual contact with them. When I look at a duck in front of me, I am not merely presented with the fact that there is at least one duck in the area, rather I seem to be presented withthisthing (as one might put it from my perspective) in front of me, which looks to (...) me to be a duck. Furthermore, such a perception would seem to put me in a position not merely to make the existential judgment that there is some duck or other present, but rather to make a singular, demonstrative judgment, that that is a duck. My grounds for an existential judgment in this case derives from my apprehension of the demonstrative thought and not vice versa. (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)

In his last book, David Armstrong sets out his metaphysical system in a set of concise and lively chapters each dealing with one aspect of the world. He begins with the assumption that all that exists is the physical world of space-time. On this foundation he constructs a coherent metaphysical scheme that gives plausible answers to many of the great problems of metaphysics. He gives accounts of properties, relations, and particulars; laws of nature; modality; abstract objects such as numbers; and (...) time and mind. (shrink)

Is consciousness a purely physical phenomenon? Most contemporary philosophers and theorists hold that it is, and take this to be supported by modern science. But a significant minority endorse non-physicalist theories such as dualism, idealism and panpsychism, among other reasons because it may seem impossible to fully explain consciousness, or capture what it's like to be in conscious states (such as seeing red, or being in pain), in physical terms. This Element will introduce the main non-physicalist theories of consciousness and (...) explain the most important arguments for them, and consider how they each respond to the scientific and other arguments in support of physicalism. This title is also available as Open Access on Cambridge Core. (shrink)

Western democracy is now at a critical juncture. Some worry that power has been wrested from the people and placed in the hands of a small political elite. Others argue that the democratic system gives too much power to a populace that is largely ill-informed and easily swayed by demagogues. This classic study of democratic principles is thus now more relevant than ever. A renowned historian of antiquity and political philosophy, Sir M.I. Finley offers a comparative analysis of Greek and (...) modern conceptions of democracy. As he puts the ancient Greeks in dialogue with their contemporary counterparts, Finley tackles some of the most pressing issues of our day, including public apathy, partisanship, consensus politics, distrust of professional politicians, and the limits of free speech. Including three lectures that Finley delivered at Rutgers University, plus two additional essays that further illuminate his thinking, _Democracy Ancient and Modern _explores the dramatic differences between the close-knit civil society of the ancient Greeks and our own atomized mass societies. By mapping out democracy’s past and its present manifestations, this book helps us plot a course for democracy’s future. (shrink)

This book presents a collection of essays on institutional theory written by the German sociologist and Weber-expert M. Rainer Lepsius. Based on Weber's work, the author develops concepts of institutional theory, which he subsequently applies to topics such as National Socialism, democratization processes, German unification, and the institutionalization of the European Union. By showing how charismatic leadership can under certain circumstances threaten democratic structures and curtail individual freedoms, and by analyzing the structural and cultural conditions under which people develop trust (...) in political and social structures and ultimately come to support and comply with them, the author provides a sound analytical understanding of the development of democratic institutions and a democratic political culture. This collection of essays was edited, translated and commented on by Claus Wendt. (shrink)

The Ismaili Imam and Imamat -- Ethical foundations -- Tradition and modernity -- The ethos of modernism -- Pluralism and cosmopolitan ethics -- Cohesion within the Umma -- Islam and the West -- Cultivating and enabling environment -- Living the ethics of Islam -- Global convergence.

The socialist construction in Vietnam, aspect of human role.

The given is the state of a mind in its primary engagement with the world. A satisfactory epistemology—one, it turns out, that is foundationalist and includes a naïve realist view of perception—requires a certain account of the given. Moreover, knowledge based on the given requires both a particular view of the world itself and a heterodox account of judgment. These admittedly controversial claims are supported by basic ontological considerations. I begin, then, with two contradictory views of the world per se (...) and the structure one experiences. I draw out the consequences of these two views for what intentionality is. The two views yield incompatible accounts of the given. The definitive spontaneity of the one account, and passivity of the other, can be understood in terms of the structure (or lack thereof) in the given. In defense of the claim that a structured given is not an apt epistemic basis, I examine an attempt to found an epistemology on such an account in light of the so-called myth of the given. I maintain that the given, if it is to provide some justification for taking the world to be a particular way, must be unstructured. To support this, I first discuss a significant problem with traditional foundationalism. I then argue that a satisfactory (foundationalist) epistemology requires the rejection of the orthodox propositional view of judgment in favor of a non-propositional, reistic view. (shrink)

Eliminative materialism is the thesis that our common-sense conception of psychological phenomena constitutes a radically false theory, a theory so fundamentally defective that both the principles and the ontology of that theory will eventually be displaced, rather than smoothly reduced, by completed neuroscience. Our mutual understanding and even our introspection may then be reconstituted within the conceptual framework of completed neuroscience, a theory we may expect to be more powerful by far than the common-sense psychology it displaces, and more substantially (...) integrated within physical science generally. My purpose in this paper is to explore these projections, especially as they bear on (1) the principal elements of common-sense psychology: the propositional attitudes (beliefs, desires, etc.), and (2) the conception of rationality in which these elements figure. (shrink)