This essay poses the question whether it is possible, given the relationship of a subject and the method of its examination, at present as opposed to the time when Savigny worked, to talk about the same subject, and if it is not, what are the consequences for the interpretation of law. The turbulent history of Europe in the 20th century, marked by the cataclysms of world wars, genocides, expulsions and upheavals, therefore the necessity of new beginnings, jointly with other factors (...) (e.g. technological optimism) resulted not only in the ebbing of influence for religion, morality and tradition, but also in a deconstruction of law. This includes fragmentation, loss of the ability to formulate and interpret the purpose of law, as well as relativization of the traditional ordering principles of law (particularly the non-contradiction condition and contextual consistency, hierarchical structure, relative stability of law and its language). The opening of the texture of law, its deconstruction, creates a new segment of legislation, namely judicial law-making arising from the uncertainty of normative premises. (shrink)

Discussions of science and values in risk management have largely focused on how values enter into arguments about risks, that is, issues of acceptable risk. Instead this volume concentrates on how values enter into collecting, interpreting, communicating, and evaluating the evidence of risks, that is, issues of the acceptability of evidence of risk. By focusing on acceptable evidence, this volume avoids two barriers to progress. One barrier assumes that evidence of risk is largely a matter of objective scientific data and (...) therefore uncontroversial. The other assumes that evidence of risk, being "just" a matter of values, is not amenable to reasoned critique. Denying both extremes, this volume argues for a more constructive conclusion: understanding the interrelations of scientific and value issues enables a critical scrutiny of risk assessments and better public deliberation about social choices. The contributors, distinguished philosophers, policy analysts, and natural and social scientists, analyze environmental and medical controversies, and assumptions underlying views about risk assessment and the scientific and statistical models used in risk management. (shrink)

Leadership and folIowership are unified in an interdependent relationship exemplified by the idea of teamwork. Ethical concems are among the valuational elements essential to developing loyalty and trust in this relationship. However, because of their need to maintain power and distance, self-serving leaders may become detached from how their actions are perceived and reacted to by followers. This pattern can be especially damaging to teamwork when leaders continue to receive disprortionate rewards despite their poor performance, especially when coupled with organizational (...) downsizing and layoffs. Implications are drawn regarding the ethics of equity, responsibility, and accountability in the exercise of authority and power. (shrink)

Although accountability lies at the heart of the “doing gender” perspective, it has received surprisingly little attention from gender scholars. In this article, I analyze the different ways that scholars have conceptualized accountability. I propose a synthesis of these various understandings, and demonstrate the utility of this conceptualization with examples from my research on feminist self-defense training. This analysis sheds light on both the workings of accountability and the process of change in gender expectations and practices. I conclude by considering (...) the implications of this reconceptualization of accountability. (shrink)

Unconsented episiotomies and other procedures during labour are commonly reported by women in several countries, and often highlighted in birth activism. Yet, forced caesarean sections aside, the ethics of consent during labour has received little attention. Focusing on episiotomies, this paper addresses whether and how consent in labour should be obtained. We briefly review the rationale for informed consent, distinguishing its intrinsic and instrumental relevance for respecting autonomy. We also emphasise two non-explicit ways of giving consent: implied and opt-out consent. (...) We then discuss challenges and opportunities for obtaining consent in labour and birth, given its unique position in medicine.We argue that consent for procedures in labour is always necessary, but this consent does not always have to be fully informed or explicit. We recommend an individualised approach where the antenatal period is used to exchange information and explore values and preferences with respect to the relevant procedures. Explicit consent should always be sought at the point of intervening, unless women antenatally insist otherwise. We caution against implied consent. However, if a woman does not give a conclusive response during labour and the stakes are high, care providers can move to clearly communicated opt-out consent. Our discussion is focused on episiotomies, but also provides a useful starting point for addressing the ethics of consent for other procedures during labour, as well as general time-critical medical procedures. (shrink)

Samuel Hollander is widely recognized as one of the most important and controversial historians of economic thought. This second volume collects together essays extending beyond classical economics, the subject with which he is most associated. This collection includes: * studies in Scholastic, Smithian and Marshallian literature * papers on the Corn-Law pamphlet literature of 1815, the post-Ricardian dissension, and the marginal revolution * essays on T.R. Malthus, including four bibliographical studies The volume also includes an autobiographical section and reviews of (...) a broad range of important books published in the last thirty years. (shrink)

In this article, the author argues that beliefs about vulnerability and dangerousness are central to conceptions of gender and are constructed and transmitted through conversation. Using data from 13 focus groups, the author demonstrates that ideas about gender and its relationship to vulnerability and danger are pervasive in talk about violence, and that this talk is further marked by ideas about age, race, social class, and sexual identity. These ideas are based, in part, on shared beliefs about human bodies, which (...) reinforce the perceived naturalness of these ideas. The article concludes with a discussion of the consequences of these ideas for the daily lives of women and men. (shrink)

" Taking as its cue Derrida's readings of German-Jewish authors and his ongoing interest in questions of Jewishness, this book pairs his philosophy with that of Franz Rosenzweig, who developed a theory of Judaism for which election is ...

This book, the third in the series of Samuel Hollander's essays, covers twelve key studies on the economic theory and method of John Stuart Mill. This volume provides an accessible sourcebook on Mill's relationship with David Ricardo, and the 'Classical School', as well as confirming his relevance for modern economics and for the place of economics within the social sciences.

Even as the philosopher can show us how to treat an object conceptually as a work of art, by regarding it in some context, so Cavell constantly implies that there are parables to be drawn about the way we treat the objects of our consciousness and the subjects of parts of it. But this special sort of treatment—like projective imagination itself—is not fancy or wit but more like a kind of epistemological fabling that is close to what Shelley called, in (...) A Defense of Poetry, "moral imagination." What is so powerful—and yet elusive of the nets of ordinary intellectual expectation—in The Claim of Reason is the way in which the activities of philosophizing become synecdochic, metonymic, and generally parabolic for the activities of the rest of life itself. It is the way in which the large , unphilosophical, "poetic," or "religious" questions are elicited from their precise and technical microcosms that makes so much of this book poetical, but not "literary," philosophy. When he writes of how tragedy "is the story and study of a failure of acknowledgment, of what goes before it and after it—i.e., that the form of tragedy is the public form of skepticism with respect to other minds"; or when, after brilliantly adducing The Winter's Tale in his consideration of Othello, he confronts the magic of Hermione's statue coming to life, he observes that "Leontes recognizes the fate of stone to be the consequence of his particular skepticism," the reader can perceive the kind of vast fiction in which minds, bodies, the privacy of insides, dolls, statues, and other representations figure as agents and elements. It will take longer to understand, I think, the imaginative significance of the earlier portions of the book. The philosophers who find its terrain familiar tend to have little patience with poetry; the reader whose sensibility is "literary" may be unable to distinguish between the arguments and examples, and the meta-arguments and examples, of the discussions of Wittgensteinian and Austinian method. Both kinds of readers should keep at it. John Hollander, a distinguished poet and critic, is professor of English at Yale. The author of The Untuning of the Sky: Ideas of Music in English Poetry, 1500-1700, Vision and Resonance: Two Senses of Poetic Form, and The Figure of Echo, his books of poetry include Spectral Emanations and Blue Wine and Other Poems. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Summary Of The Spoken Responses By The Poets To Their CriticsJohn HollanderMark Strand responded to Charles Berger’s comments by mak-ing appreciative remarks about the kind of attention his work had received, adding that he did occasionally in writing perceive “glimmers, in the kind of attention I pay, to what Charles Berger has spoken of.” With regard to certain aspects of prior intention, he said that “vague formal imperatives got (...) fulfilled in the writing” and that knowing at the time “the rightness of what I’ve said,” I was nonetheless able to “know the meaning of what I’d said only weeks afterward.” He also acknowledged the kinds of allusiveness which Berger had adduced in his writing, speaking of how and when in the course of writing the resources of his particular sort of echo and allusion seemed to make themselves available.He then turned to the specific question of one of the sequences of poems that Berger had discussed, the “Great Dog Poem No. 2.” He averred that in choosing a dog as speaker he had “not just meant to be funny” [he avowed later on in his remarks that his poems frequently began with “dark humor”] but had also sought for a mode of introspection more original than the fashionably solemn ones of so much contemporary poetry: “I could look within and bark.” With respect to the final line, he observed “I like to finish with a flourish, to pretend I’m Laforgue or Rimbaud,” manifesting “a desire to be a symbolist poet.” With respect to that concluding verse, “I feel like the end of a gorgeous line,” he added that if a dog said that—particularly “a [End Page 189] platinum retriever”—it could not be self-pitying. He spoke in general of the relation of high and low in the poem (a dog named “Rex,” and so forth) and of the relation of this sequence to a much earlier poem of his called “Eating Poetry” in which the speaker is likewise a dog.With regard to formal design, he concluded by saying that in general he tended to start poems “with rough drafts in blank verse” which he then “roughened up” in various ways, preferring as he said “cadences” rather than “measure” in the framing of lines. But he added that in the De Chirico poems he had read, he felt that if one wrote a villanelle, one should keep strictly to the form, without changing words in the refrain lines, and keeping to the iambic meter, saying that “I don’t think you should cheat” under those circumstances.Strand concluded by thanking Berger for the precise nature of his critical attentiveness.John Hollander started out by acknowledging with pleasure that Eleanor Cook’s analysis of his “Owl” had certainly helped him to understand it better; he observed that he felt he had only started to write what he called “real poetry” in his third book, when he had first written a poem he could not understand at the time, and only came to understand years later. He remarked that “The relation of poet and critic as framed by this panel is this: good criticism is a poem’s best friend. We all depend on our friends to point out to us things about ourselves we may not know or acknowledge; although their cousins and other familial relations are other poems, our poems’ best friends are pieces of critical writing.”He was particularly grateful to Cook for pointing out things he hadn’t himself seen—such as the question of the terminal words in the first stanza—but which as a result of the critical insight he had to acknowledge. And this brought up the crucial question of intentionality at the practical rather than theoretical level: in the case of such observations by critics and acknowledgments by poets, it would seem that the writing of a poem could have an intention of which the writer would be unaware. Hollander adduced the analogy of dreaming to poetic composition, paralleling the question “Did you mean to write that?” with (to anyone reporting a dream) “Did you mean to dream that?”He then observed about the... (shrink)

Friedrich Engels, in 1895, reissued Marx's 'The Class Struggles in France 1848-1850' , with an Introduction endorsing peaceful political tactics. We review the primary evidence to bring order to a confusing picture that emerges from a range of conflicting interpretations of the document. Our conclusions are as follows: First, the 1895 Introduction does not signify a new position, considering Engels' recognition over several decades of political concessions by the British ruling class. Secondly, since from the 1840s Marx too had applauded (...) the potential of the 'Social Democratic' route, at least under the appropriate conditions, we may be confident that he would have approved of Engels' Introduction. Thirdly, the case for universal suffrage was to set the foundations for a classless communist system; Engels, we show, would have found unacceptable a Parliamentary system generating a working-class majority unwilling to carry out a communist program, or a working-class electorate choosing to replace the party at the polls. (shrink)

Friedrich Engels, in 1895, reissued Marx's 'The Class Struggles in France 1848-1850', with an Introduction endorsing peaceful political tactics. We review the primary evidence to bring order to a confusing picture that emerges from a range of conflicting interpretations of the document. Our conclusions are as follows: First, the 1895 Introduction does not signify a new position, considering Engels' recognition over several decades of political concessions by the British ruling class. Secondly, since from the 1840s Marx too had applauded the (...) potential of the 'Social Democratic' route, at least under the appropriate conditions, we may be confident that he would have approved of Engels' Introduction. Thirdly, the case for universal suffrage was to set the foundations for a classless communist system; Engels, we show, would have found unacceptable a Parliamentary system generating a working-class majority unwilling to carry out a communist program, or a working-class electorate choosing to replace the party at the polls. (shrink)

We consider the problem whether the $\forall \Sigma _{1}^{b}$ theorems of the fragments $T_{2}^{a}$ form a strictly increasing hierarchy. We shall show a link to some results about the lengths of proofs in predicate logic that supports the conjecture that the hierarchy is strictly increasing.

Unlike critically ill neonates, care of children with complex cardiac disease increasingly involves use of invasive technologies—such as ventricular assist devices (VAD)—or emergent surgical proced...

In the pediatric heart-failure population, severity of illness often forces therapeutic decisions to be made under time-pressure, such that mechanical circulatory support (MCS) can be offered as a...

The following views were presented at the Annual Meeting of the American Association for the Advancement of Science Seminar “Teaching Ethics in Science and Engineering”, 10–11 February 1993 organized by Stephanie J. Bird , Penny J. Gilmer and Terrell W. Bynum . Opragen Publications thanks the AAAS, seminar organizers and authors for permission to publish extracts from the conference. The opinions expressed are those of the authors and do not reflect the opinions of AAAS or its Board of Directors.

Recent investigations on how people derive meaning from language have focused on task‐dependent shifts between two cognitive systems. The symbolic (amodal) system represents meaning as the statistical relationships between words. The embodied (modal) system represents meaning through neurocognitive simulation of perceptual or sensorimotor systems associated with a word's referent. A primary finding of literature in this field is that the embodied system is only dominant when a task necessitates it, but in certain paradigms, this has only been demonstrated using nouns (...) and adjectives. The purpose of this paper is to study whether similar effects hold with verbs. Experiment 1 evaluated a novel task in which participants rated a selection of verbs on their implied vertical movement. Ratings correlated well with distributional semantic models, establishing convergent validity, though some variance was unexplained by language statistics alone. Experiment 2 replicated previous noun‐based location‐cue congruency experimental paradigms with verbs and showed that the ratings obtained in Experiment 1 predicted reaction times more strongly than language statistics. Experiment 3 modified the location‐cue paradigm by adding movement to create an animated, temporally decoupled, movement‐verb judgment task designed to examine the relative influence of symbolic and embodied processing for verbs. Results were generally consistent with linguistic shortcut hypotheses of symbolic‐embodied integrated language processing; location‐cue congruence elicited processing facilitation in some conditions, and perceptual information accounted for reaction times and accuracy better than language statistics alone. These studies demonstrate novel ways in which embodied and linguistic information can be examined while using verbs as stimuli. (shrink)

In the throes of the COVID-19 pandemic three major transplant societies jointly issued a statement strongly recommending that all eligible transplant candidates receive a COVID-19 vaccine that is a...

A brief history and description of this project.

We use conversation analysis and a research design modeled on speed dating to examine college-aged speed daters’ assessments of their experience of this activity. In getting acquainted, participants solicit and provide accounts of the experience that treat it delicately and impersonally. Further, participants collaborate to claim a shared naivete toward speed dating, thereby presenting themselves as ordinary college students having a new experience. Non-standard assessment sequences throw such patterned practices into relief, and feature the disclosure of personal troubles occasioned by (...) the experience. Our findings have implications for the study of assessments, impression management, acquaintanceship, and relationship initiation. (shrink)

The article examines the messianic idea in philosophical works of Emmanuel Levinas. It analyzes the continuities and discontinuities between the views of Levinas and philosopher Franz Rosenzweig, and explores the implications of their messianic conception. It suggests that Levinas has offered a conception of messianic thinking as philosophy rather than of messianic philosophy in his Talmudic readings.