Résumé La localisation des implantations des grands éléments d’infrastructure collective pose des problèmes de légitimation juridique spécifique. Ils délimitent en effet plusieurs territoires distincts en fonction de la nature des impacts qu’ils provoquent, lesquels, chacun, sont soumis à leurs propres législations et rentrent dans les compétences d’autorités différentes, y compris celle dont dépend la décision sur l’infrastructure envisagée. De telles situations normatives complexes empêchent la sémantisation légitimante que le droit est censé assurer dans les décisions de l’appareil étatique: elle sera (...) toujours partielle, voire lacunaire. Les compensations ne peuvent être que procédurales, et celles-ci sont insuffisantes à atteindre l’idéal postulé par le principe de légalité des activités publiques. Mais il ne peut en aller autrement pour ces infrastructures. (shrink)

In print for the first time in over ten years, Act and Crime provides a unified account of the theory of action presupposed by both Anglo-American criminal law and the morality that underlies it. The book defends the view that human actions are always volitionally caused bodily movements and nothing else. The theory is used to illuminate three major problems in the drafting and the interpretation of criminal codes: 1) what the voluntary act requirement both does and should require; 2) (...) what complex descriptions of actions prohibited by criminal codes both do and should require ; and 3) when two actions are 'the same' for purposes of assessing whether multiple prosecutions and multiple punishments are warranted. The book both contributes to the development of a coherent theory of action in philosophy, and it provides both legislators and judges a grounding in three of the most basic elements of criminal liability. (shrink)

G.E. Moore, more than either Bertrand Russell or Ludwig Wittgenstein, was chiefly responsible for the rise of the analytic method in twentieth-century philosophy. This selection of his writings shows Moore at his very best. The classic essays are crucial to major philosophical debates that still resonate today. Amongst those included are: * A Defense of Common Sense * Certainty * Sense-Data * External and Internal Relations * Hume's Theory Explained * Is Existence a Predicate? * Proof of an (...) External World In addition, this collection also contains the key early papers in which Moore signals his break with idealism, and three important previously unpublished papers from his later work which illustrate his relationship with Wittgenstein. (shrink)

My reply to the comments of Parkinson (2010) and Kuppens (2010) is organized in three parts. The first part deals with Parkinson’s claim that the scope of our research is limited because no real emotions were elicited. I suggest that the outcomes in our studies are structurally similar to real emotions but that they lack intensity. In the second part, I try to correct three potential misunderstandings regarding the nature of the comparison process that I proposed. In the third part, (...) I respond to Kuppens’ suggestion that we also need to consider the transition of appraisal values into the other components of emotion (actions tendencies, responses, and subjective experience). (shrink)

Literary and philosophical reflections combine with true-life farm anecdotes to offer commentary on seeking the good life in the modern age.

This book focuses on six key practices for engaged learning: acknowledging and building on students' prior knowledge and experiences; facilitating relationships; offering feedback; framing connections to broader contexts; fostering reflection and metacognition; and promoting integration and transfer of knowledge and skills.

The Greek identification of certain Indian people as philosophoi at the end of the fourth century bce provides unique information about the meaning of the term philosophia, especially with respect to its reference to a certain kind of “way of life” (bios), at the time of its greatest maturity (at the start of the Hellenistic period). The Indica of Megasthenes, an ambassador to northern India after the death of Alexander, is our most important evidence; fragments from earlier works by Nearchus (...) and Onesicritus, intellectuals in Alexander’s cortege, provide corroboration. This essay argues that late classical Greeks did largely think of philosophia as a way of life. (shrink)

In the traditional frame of classical electrodynamics, a hydrogen atom would emit electromagnetic waves and thus constantly lose energy, resulting in the fall of the electron on the proton over a finite period of time. The corresponding results were derived under the assumption of the instantaneous interaction between the proton and the electron. In 2004, Raju published a paper where he removed the assumption of the instantaneous interaction and studied the role of a time delay in the classical hydrogen atom. (...) He introduced a model of this effect that can be solved analytically. He calculated the radius rsel of a selected orbit, for which this effect and the radiation reaction force would cancel each other with respect to the tangential acceleration. It turned out that rsel is by an order of magnitude smaller than the Bohr radius. In the present paper we use Raju’s model for the corresponding gravitational situation. In frames of Newton’s gravity, we calculate analytically the radius and the energy Esel of a selected orbit, for which the retardation effect and the radiation reaction force would cancel each other out with respect to the tangential acceleration. Then we compare our outcome with some results of Kaplan’s solution for the two-body gravitational problem based on the Schwarzschild’s field. We show that Esel is very close to the minimum energy of bound states obtained by Kaplan in Einstein’s gravity. We emphasize that the selected orbit from the present paper represents the second only physical situation where the radiation reaction force is zero, but the radiation-caused energy loss is not zero. (shrink)

I argue that uniquely human forms of ‘Theory of Mind’ are a product of cultural evolution. Specifically, propositional attitude psychology is a linguistically constructed folk model of the human mind, invented by our ancestors for a range of tasks and refined over successive generations of users. The construction of these folk models gave humans new tools for thinking and reasoning about mental states—and so imbued us with abilities not shared by non-linguistic species. I also argue that uniquely human forms of (...) ToM are not required for language development, such that an account of the cultural origins of ToM does not jeopardise the explanation of language development. Finally, I sketch a historical model of the cultural evolution of mental state talk. (shrink)

Tout ce qui n’est pas reconnu par le droit comme norme juridique est traité par lui comme un fait—normes sociales, connaissances scientifiques, mœurs, événements, etc. Le droit, système autoréférentiel, institue les compétences et les procédures par lesquelles une assertion quelconque, portant sur des faits, devient une norme juridique. Le présent texte analyse les différents lieux de passage par lesquels des faits peuvent ainsi être reconnus par le droit comme normes juridiques. Il analyse d’abord la réception et la construction des faits (...) à considérer comme pertinents au regard de la norme applicable. Il introduit ensuite le concept de notions juridiques indéterminées, dont le sens ne peut être concrétisé que par référence à des faits de toute nature, ce qui requiert une argumentation propre à justifier cette référence. Les faits sont donc construits avant qu’une autorité instituée par le droit décide de leur donner la forme abstraite d’une norme juridique. Cette construction va être structurée comme un récit, dont la cohérence doit être assurée par référence à des schémas tirés de l’expérience sociale, de telle manière qu’elle puisse être acceptée comme raisonnable par la collectivité. Le juge comme le législateur apparaissent alors sous la double face d’une fonction juridique et d’un individu plongé dans la société, ce qui les met en mesure faire du droit avec des faits en les comprenant l’un et les autres. (shrink)

This thesis reviews Haam Seok Heon‘s See-al philosophy, the main philosophy about life in terms of women. The See-al philosophy was created by Haam, who went through the turbulent times of Korea. So far, we have had papers that dealt with his philosophy under the political, historical and religious contexts, but there has been no paper focused on women. Actually, Haam confessed that it was his mother who structured the foundation of his philosophy. He also said that he learned from (...) his mother about freedom, equality, and the basics of See-al ideas. He developed his philosophy of life, See-al, through the image of his motherwho devoted her whole life to bring him up with love and willingly sacrificed her life for her beloved son. Haam regarded women as a link of all lives in history. He also thought mothers, women in other words, have that power that gives birth, breeds lives and infuses new structure into eternal life; in addition, he stated that women have energy which pulls clear and new things out of filthy and dirty things. Through his image about women, Haam's See-al philosophy extends itself as an ecological life movement. In this paper, Haam's philosophy about women is not reviewed and analyzed by the western point of view because Haam is not a man who spent his life in so-called the "times of women" in the western view. Since his philosophy emphasizes self-reflective, independent life, freedom andequality, we might find out that there are some discrepancies between his philosophy and the lives of his mother and wife who had sacrificed their lives under the patriarchal social system. However, the meaning of Haam's independent life is totally different from the western concept of if. That is, his idea of independent life is closely related to sacrifice. In the current society under the influence of Neo-liberalism, only competition and economic logic matter; however, Haam's philosophy, which states "Life is no different between you and I, and only love can save you and I as one existence" and cherishes every single life as one organism that connects all existing things--sky, earth, human beings, etc.--is of great importance for us to reconsider. (shrink)

This thesis reviews Haam Seok Heon‘s See-al philosophy, the main philosophy about life in terms of women. The See-al philosophy was created by Haam, who went through the turbulent times of Korea. So far, we have had papers that dealt with his philosophy under the political, historical and religious contexts, but there has been no paper focused on women. Actually, Haam confessed that it was his mother who structured the foundation of his philosophy. He also said that he learned from (...) his mother about freedom, equality, and the basics of See-al ideas. He developed his philosophy of life, See-al, through the image of his motherwho devoted her whole life to bring him up with love and willingly sacrificed her life for her beloved son. Haam regarded women as a link of all lives in history. He also thought mothers, women in other words, have that power that gives birth, breeds lives and infuses new structure into eternal life; in addition, he stated that women have energy which pulls clear and new things out of filthy and dirty things. Through his image about women, Haam's See-al philosophy extends itself as an ecological life movement. In this paper, Haam's philosophy about women is not reviewed and analyzed by the western point of view because Haam is not a man who spent his life in so-called the "times of women" in the western view. Since his philosophy emphasizes self-reflective, independent life, freedom andequality, we might find out that there are some discrepancies between his philosophy and the lives of his mother and wife who had sacrificed their lives under the patriarchal social system. However, the meaning of Haam's independent life is totally different from the western concept of if. That is, his idea of independent life is closely related to sacrifice. In the current society under the influence of Neo-liberalism, only competition and economic logic matter; however, Haam's philosophy, which states "Life is no different between you and I, and only love can save you and I as one existence" and cherishes every single life as one organism that connects all existing things--sky, earth, human beings, etc.--is of great importance for us to reconsider. (shrink)

The argument from reason states that if naturalism is true, then our beliefs are caused by physical processes rather than being causally based in their reasons, so our beliefs are not knowledge—including the belief in naturalism itself. Recent critics of the argument from reason provide dual process replies to the argument from reason—our beliefs can have both a naturalistic cause/ explanation and be caused/explained by its reasons, thereby showing that naturalism can accommodate knowledge. In this paper I consider three dual (...) process replies and conclude that none of them are successful. (shrink)

This collection explores the subject of conflicts of interest. It investigates how to manage conflicts of interest, how they can affect well-meaning professionals, and how they can limit the effectiveness of corporate boards, undermine professional ethics, and corrupt expert opinion. Legal and policy responses are considered, some of which (e.g., disclosure) are shown to backfire and even fail. The results offer a sobering prognosis for professional ethics and for anyone who relies on professionals who have conflicts of interest. The contributors (...) are leading authorities on the subject in the fields of law, medicine, management, public policy, and psychology. The nuances of the problems posedby conflicts of interest will be highlighted for readers in an effort to demonstrate the manyways that structuring incentives can affect decision making and organizations' financial well-being. (shrink)

In this far-reaching essay, historian Michael Edward Moore examines modernity as an historical epoch following the end of the medieval period -- and as a "messianic concept of time." In the early twentieth century, a debate over the meaning and origins of modernity unfolded among the philosophers Ernst Cassirer, Hans-Georg Gadamer and Hans Blumenberg. These thinkers tried to resolve the puzzle of the fifteenth-century master Nicholas of Cusa. Was Cusanus the last great medieval thinker, his ideas a summa of (...) medieval tradition? Or was he a mysterious epochal figure, seated at one end of the bridge leading to modern thought? Nicholas of Cusa lived during a time of historical and existential crisis, or kairos, when medieval governments and cherished sources of unity were shaken. Likewise, the debate over his significance took place during a later phase of crisis for Europe, in the decades before and after the Second World War, when the collapse of European civilization was witnessed. Moore argues that modernity, so intently examined as an historical and spiritual problem, has significance for our contemporary sense of crisis. (shrink)

In the late Middle Ages the philosopher and mystic Meister Eckhart preached that to know the truth you must be the truth. But how to be the truth? Eckhart's answer comes in the form of an imperative: release yourself, let be. Only then will you be able to understand that the deepest meaning of being is releasement. Only then will you become who you truly are. This book interprets Eckhart's Latin and Middle High German writings under the banner of an (...) imperative of releasement, and then shows how the twentieth-century thinker Martin Heidegger creatively appropriates this idea at several stages of his career. Heidegger had a lifelong fascination with Eckhart, referring to him as "the old master of letters and life." Drawing on archival material and Heidegger's marginalia in his personal copies of Eckhart's writings, Moore argues that Eckhart was one of the most important figures in Heidegger's philosophy. This book also contains previously unpublished documents by Heidegger on Eckhart, as well as the first English translation of Nishitani Keiji's essay "Nietzsche's Zarathustra and Meister Eckhart," which he initially gave as a presentation in one of Heidegger's classes in 1938. (shrink)

Compassion and Benevolence reveals the heart of early Buddhist and classical Confucian ethics in a comparative way. It explores compassion (karuna) and benevolence (jen) by analyzing their mechanisms, their moral groundworks, their applications, and their meta-ethical nature. This exploration intends to reject the popular theses: early Buddhism is only self-liberation-concerned soteriology and classical Confucianism is only society-concerned thought requiring self-effacement.

Born in the fifth century BCE, Plato was one of the primary thinkers of Classical Greece. A mathematician, scientist, and philosopher, Plato is considered to be a foundational figure in Western thought.

We make decisions all day, don't we? Do I pick up the dog's poop when I take him for his walk? Should I tell Mom where I really went after school? When I see something wrong happening, what should I do? Making a good choice, doing the right thing, or even knowing right from wrong can be hard! In What Would You Do? ​you can practice making hard decisions and have some fun while we explore some everyday dilemmas!​.

Background:Academic ethical awareness is an important aspect especially for nursing students who will provide ethical nursing care to patients in future or try to tread the path of learning toward professional acknowledgement in nursing scholarship.Purpose:The purpose of this study was to explore academic ethical awareness and its related characteristics among undergraduate nursing students.Methods:This study commenced the survey with cross-sectional, descriptive questions and enrolled convenient samples of 581 undergraduate nursing students from three universities in South Korea. It was investigated with structured (...) questionnaires including general characteristics and academic ethical awareness related.Ethical considerations:This study was reviewed and approved by the Institutional Review Board at National University.Findings:Academic ethical awareness was the highest regarding behaviors violating the respect or confidentiality of patients and cheating on exams, while it was the lowest for inappropriate behaviors in class. From the result of general characteristics difference, male students showed higher score than female students in relative; first-year students showed higher score than other year students; the higher score was rated from students who were highly satisfied with their major than the other not satisfied with their major; and students with low academic stress showed higher ethical awareness score than persons with higher stress.Conclusion:Personal behaviors were rated with low ethical awareness in relative, but items related to public rules and actual effects on patients or others were rated with higher score. Nursing satisfaction and academic stress are main factors on ethical awareness. To improve overall ethical awareness level of nursing students, it is required to provide more education about the importance of personal behaviors in class and need to improve the understanding of how it will be connected with future situation and effect. (shrink)

Critics of appraisal theory have difficulty accepting appraisal (with its constructive flavor) as an automatic process, and hence as a potential cause of most emotions. In response, some appraisal theorists have argued that appraisal was never meant as a causal process but as a constituent of emotional experience. Others have argued that appraisal is a causal process, but that it can be either rule-based or associative, and that the associative variant can be automatic. This article first proposes empirically investigating whether (...) rule-based appraisal can also be automatic and then proposes investigating the automatic nature of constructive (instead of rule-based) appraisal because the distinction between rule-based and associative is problematic. Finally, it discusses experiments that support the view that constructive appraisal can be automatic. (shrink)

In addition to addressing the usual topics of real analysis, this book discusses the elements of order theory, convex analysis, optimization, correspondences, linear and nonlinear functional analysis, fixed-point theory, dynamic programming ...