A good pragmatist's constitutional theory is inseparable from the legal disputes out of which it arises. John Paul Stevens's theory, that of deciding individual cases well instead of applying constitutional principles in the abstract to cases by category, thus lends itself to being studied in its natural, factual habitat—in his own words, case by case. That's what this book does. In Chapter 1 Sickels distills Stevens's thoughts about law and appellate judging from his early writings and his opinions on (...) the federal appeals court and, from 1975 to the present, on the U.S. Supreme Court. Stevens shows a concern for facts and consequences, for balancing, for deference to other decision makers unless they have been careless, for avoidance of undue complexity in judge-made law, and for drawing the line between clarity and oversimplification in legal rules. The next three chapters describe the application of Stevens's pragmatism to areas of constitutional law to which the Court and he especially have devoted most attention in recent years: First Amendment guarantees of freedom of expression and religion, the procedural guarantees of the Bill of Rights and the Fourteenth Amendment, and the equal protection of the laws. In each area, Stevens's special contributions are described. The concluding chapter places Stevens's judging in the contexts of the ongoing debate about the legitimacy of balancing, the ways of other moderates on the Court, and the voting records of the other members of the Court as a whole. Unique to this work is a meaningful introduction to the term moderate when applied to a Supreme Court justice, a definition based on careful analysis of the interplay of general rules and specific, case-by-case context. As such it is the very essence of Stevens's own way of judging and thus enables analysis of the work of a pragmatist on his own terms rather than through the distortions of a conflicting theory of law. John Paul Stevens is recognized as a jurist of unusual ability and one adheres to no ideological camp. While it is one thing to know he is neither rigid liberal nor a conservative, this book goes beyond the "neither nor" to accomplish the more difficult goal of defining what he is. This study is intended for scholars and students of the Supreme Court, the Constitution, the courts, and the American political process. Lawyers working before the Supreme Court, informed generalists, and courtwatchers generally, whether liberal, conservative, or neutral, will find much of interest here. (shrink)

The archival turn in 19th-century historical scholarship – that is, the growing tendency among 19th-century historians to equate professional historical studies with scholarship based on archival research – not only affected the profession’s epistemological assumptions and day-to-day working manners, but also changed the persona of the historian. Archival research required the cultivation and exercise of such dispositions, virtues, or character traits as carefulness, meticulousness, diligence and industry. This article shows that a growing significance attached to these qualities made the archival (...) turn increasingly contested. As the case of the German-Austrian historian Theodor von Sickel and his critics shows, it was not the necessity of archival research as such on which historians in late 19th-century Europe came to hold different views. Sickel’s critics were rather concerned about the potentially detrimental effects that the increasingly philological ethos of archival studies could have on the historian’s character. What was primarily at stake in late 19th-century debates on the gains and losses of increased commitments to archival study was the persona of the historian – his character traits, his dispositions and the virtues and skills in which he excelled. (shrink)

Epistemological probability is the kind of probability relative to a body of evidence. Many philosophers, including Henry Kyburg and Roderick Chisholm, hold that all epistemological probabilities reflect a relation between an evidential body of propositions and other propositions. But this article argues that some epistemological probabilities for empirical propositions must be relative to non-propositional evidence, specifically the contents of non-propositional perceptual states. In doing so, the article distinguishes between internalism and externalism regarding epistemological probability, and argues for a version of (...) awareness internalism. The article draws three main concluding lessons. First, epistemological probability is not to be identified with the sort of objective, experience-independent probability that is familiar from statistical and propensity interpretations of probability. Second, it is doubtful that epistemological probability is measurable, in any useful way, by real numbers, even if it admits of comparative assessments. Third, contrary to the familiar claim of C. I. Lewis, epistemological probability should not be viewed as requiring a basis of certainty. (shrink)

This paper examines a nonreductive supervenience relation central to a philosophically popular version of nonreductive physicalism inspired by Donald Davidson. The paper argues that this global supervenience relation faces a serious epistemological problem that blocks its being superior to weaker, less general supervenience relations.

Offering a unique and wide-ranging examination of the theory of knowledge, the new edition of this comprehensive collection deftly blends readings from the foremost classical sources with the work of important contemporary philosophical thinkers. Human Knowledge: Classical and Contemporary Approaches, 3/e, offers philosophical examinations of epistemology from ancient Greek and Roman philosophy (Plato, Aristotle, Sextus Empiricus); medieval philosophy (Augustine, Aquinas); early modern philosophy (Descartes, Locke, Leibniz, Berkeley, Hume, Reid, Kant); classical pragmatism and Anglo-American empiricism (James, Russell, Ayer, Lewis, Carnap, Quine, (...) Rorty); and other influential Anglo-American philosophers (Chisholm, Kripke, Moore, Wittgenstein, Strawson, Putnam). Organized chronologically and thematically, Human Knowledge, 3/e, features exceptionally broad coverage and nontechnical selections that are easily accessible to students. An ideal text for both undergraduate and graduate courses in epistemology, it is enhanced by the editors' substantial general introduction, section overviews, and up-to-date bibliographies. The third edition offers expanded selections on contemporary epistemology and adds selections by Thomas Reid, Richard Rorty, David B. Annis, Richard Feldman and Earl Conee, Ernest Sosa, Barry Stroud, and Louise M. Antony. Human Knowledge, 3/e, offers an unparalleled introduction to our ancient struggle to understand our own intellectual experience. (shrink)

Donation after cardiac death (DCD) is associated with many problems, including ischemic injury, high rates of delayed allograft function, and frequent organ discard. Furthermore, many potential DCD donors fail to progress to asystole in a manner that would enable safe organ transplantation and no organs are recovered. DCD protocols are based upon the principle that the donor must be declared dead prior to organ recovery. A new protocol is proposed whereby after a donor family agrees to withdrawal of life-sustaining treatments, (...) premortem nephrectomy is performed in advance of end-of-life management. Since nephrectomy should not cause the donor's death, this approach satisfies the dead donor rule. The donor family's wishes are best met by organ donation, successful outcomes for the recipients, and a dignified death for the deceased. This proposal improves the likelihood of achieving these objectives. (shrink)

Philosophers have often misunderstood Kierkegaard's views on the nature and purposes of God due to a fascination with his earlier, pseudonymous works. We examine many of Kierkegaard's later works with the aim of setting forth an accurate view on this matter. The portrait of God that emerges is a personal and fiercely loving God with whom humans can and should enter into relationship. Far from advocating a fideistic faith or a cognitively unrestrained leap in the dark, we argue that Kierkegaard (...) connects this God-relationship to (a particular kind of) evidence and even knowledge. However, such evidence and knowledge – and hence God himself – may remain hidden from many individuals due to misconceptions of God and misuses of the human will. (shrink)

A defining characteristic of primary emotions is that they occur in wide variety of species. Secondary emotions are thought to be restricted to humans and other primates. We report evidence from two studies investigating claims of primary and secondary emotions in non-primate species. Study 1. We surveyed 907 owners about emotions that they had observed in their animal. Participants reported primary emotions more frequently than secondary emotions and self-conscious emotions more frequently than self-conscious evaluative emotions. Jealousy was reported at very (...) high levels (81% of dogs and 79% of horses), which was surprising as jealousy is generally defined as a secondary emotion. Study 2. Forty dog owners were interviewed about the contexts and behaviours that led them to claim their animal was jealous. There was coherence and consistency in the behavioural descriptions of jealousy. We claim that such reports provide evidence for the existence of secondary emotions in non-primate species as predicted by theorists such as Buck (Citation1999). (shrink)

Bd. 1. Die Renaissance des Aristotelismus im 1. Jh. v. Chr.

A 55-year-old man, admitted to the hospital after an episode of aphasia due to transient ischemic attack, underwent ultrasound imaging that showed near occlusion of the left carotid artery. A carot...

Holmes Rolston has defended certain forms of hunting and meat eating when these activities are seen as natural participation in the food chains in which we evolved. Ned Hettinger has suggested that some of Rolston’s principles that govern our interactions with plants and animals might appear to be inconsistent with Rolston’s defense of these activities. Hettinger attempts to show that they are not. We argue that Rolston’s principles are not consistent with hunting, given Hettinger’s modifications. In his defense of Rolston, (...) Hettinger has challenged animal welfare ethicists to show that they can value animal predation while consistently condemning human hunting. We answer that hunting and meat eating by humans are “cultural” rather than “natural” activities. (shrink)

Rationalism and faith.--The Socratic revolution.--Platonic idealism.--The Platonic teleology.--Illusions of reason.--The evolution of Hebraism.--The telos of Christianity.--The gift of hope.

SummaryThis paper defends the philosophical importance of analyticity against the influential objections raised by W. V. Quine. It characterizes analyticity in a way that is nonepistemic, avoids Quine's objections and fits his general strictures, and explains the epistemological importance of analyticity. It also explains why even proponents of Quine's naturalized epistemology should value the epistemological importance of analyticity, in connection with questions about the correctness of their epistemic principles. Given these considerations, this paper may be regarded as having rescued analyticity (...) from the throes of suspicion and myth, as set by “Two Dogmas of Empiricism.”. (shrink)

Debates between realists and idealists have raged since the beginning of philosophy. Richard Rorty has recently claimed that his pragmatism enables philosophers to move beyond realism and idealism. This paper shows that Rorty's pragmatism fails to move us beyond debates involving realism and idealism. It also sketches a more promising strategy for handling the perennial dispute over realism and idealism.

Rationality, Symbolism and EvolutionThe Nature of Rationality By Robert Nozick Princeton University Press, 1993. Pp. xvi + 226. ISBN 0–691–07424–0. £19.95No Nonsense RightsThe Realm of Rights By Judith Jarvis Thomson Harvard University Press, 1990. Pp. viii + 383. ISBN 0–674–74948–0. £27.95.In Search of the Common MindThe Common Mind: An Essay on Psychology, Society and Politics By Philip Pettit Oxford University Press, 1993. Pp. xvi + 365. ISBN 0–19–507818–7. £30.In elucidation of the common mind: a reply to Raimo TuomelaRealism, Pure and (...) Simple? A Reply to Timothy Williamson. (shrink)

It is argued that a pure coherence theory of epistemic empirical justification fails to avoid an isolation objection according to which empirical justification has been divorced from one's total empirical evidence. Also, it is shown that several recent efforts to meet this objection either are outright failures or are irrelevant inasmuch as they diverge from epistemic coherentism. The overall moral is that we should look beyond coherentism for an adequate theory of epistemic empirical justification.

This article contends that a God worthy of worship would care about how a human fills in the following blank: “I inquire or believe regarding God’s existence because I want _____.” It asks what human motives we should expect God to want in human inquiry and belief regarding God. This approach is widely neglected among philosophers, theologians, and oth­ers, but it can illuminate some important issues in religious epistemology. The article identifies the volitional struggle of Gethsemane as crucial to receiving (...) salient evidence of God, and it notes how this approach manifests serious shortcomings in the arguments of traditional natural theology. It indicates that such arguments fail to accommodate the motives that God, as worthy of worship, would want in human inquiry and belief regarding God. The article proposes that divine redemption would aim for the profound moral, Gethsemane transformation of humans independent of abstract philosophical arguments. It identifies the key issue, for religious episte­mology, of whether we are willing to undergo such transformation. (shrink)