One of the most important pieces of evidence which we possess concerning the judicial rights of Roman provincials, particularly their status in relation to the governor's tribunal, is provided by Cicero's brief outline of those provisions of the lex Rupilia, the Sicilian provincial charter, which dealt with judicial administration. The passage reads as follows: Siculi hoc iure sunt ut, quod civis cum cive agat, domi certet suis legibus, quod Siculus cum Siculo non eiusdem civitatis, ut de eo praetor iudices ex (...) P. Rupili decreto, quod is de decem legatorum sententia statuit, quam legem Rupiliam vocant, sortiatur. Quod privatus a populo petit ant populus a privato, senatus ex aliqua civitate qui iudicet datur, cum alternae civitates reiectae sunt; quod civis Romanus a Siculo petit, Siculus index, quod Siculus a civi Romano, civis Romanus datur; ceterarum rerum selecti iudices ex conventu civium Romanorum nr000ni solent. (shrink)

Paul Marshall takes extrovertive mystical experience seriously by providing a metaphysical framework inspired by Plotinus and Leibniz that aims to interpret it non-reductively and to explain it persuasively. However praiseworthy Marshall's intentions, his account fails for a variety of reasons, among them an inability to establish convincingly why natural objects appear as transfigured and alive, characteristics frequently encountered in the reports of nature mystics. An alternative approach, rooted in contemporary pan-experientialist philosophy of mind, is able to take extrovertive mysticism equally (...) seriously while accounting more successfully for its pre-eminent features at a less extravagant metaphysical cost. (shrink)

Paul Marshall takes extrovertive mystical experience seriously by providing a metaphysical framework inspired by Plotinus and Leibniz that aims to interpret it non-reductively and to explain it persuasively. However praiseworthy Marshall's intentions, his account fails for a variety of reasons, among them an inability to establish convincingly why natural objects appear as transfigured and alive, characteristics frequently encountered in the reports of nature mystics. An alternative approach, rooted in contemporary pan-experientialist philosophy of mind, is able to take extrovertive mysticism equally (...) seriously while accounting more successfully for its pre-eminent features at a less extravagant metaphysical cost. (shrink)

This paper examines the function of Hume’s use of a peculiar example from A Treatise of Human Nature. The example in question is that of a burning piece of coal that is whirled around at a sufficient speed to present to a viewer an image of a circle of fire. The example is a common one; and Hume himself points to Locke as his source in this case. Hume’s reference appears accurate since both Locke and Hume seem to marshal (...) the example in order to bolster a case for an upper and lower temporal threshold for perception. But several philosophical problems inherent in Hume’s appeal to the example make the case for Locke as Hume’s sole or even primary source difficult to sustain. The paper sketches a history of uses of the example from the seventeenth century through the twentieth century. An argument is presented that Pierre Bayle’s use of the example is most in accord with Hume’s, and that for this and other reasons, Bayle is his likeliest source. Further, making sense in this way of Hume’s use of the burning coal example illuminates Hume’s interesting contributions to the notions of time, identity, and individuation. (shrink)

This paper examines the function of Hume’s use of a peculiar example from A Treatise of Human Nature. The example in question is that of a burning piece of coal that is whirled around at a sufficient speed to present to a viewer an image of a circle of fire. The example is a common one; and Hume himself points to Locke as his source in this case. Hume’s reference appears accurate since both Locke and Hume seem to marshal (...) the example in order to bolster a case for an upper and lower temporal threshold for perception. But several philosophical problems inherent in Hume’s appeal to the example make the case for Locke as Hume’s sole or even primary source difficult to sustain. The paper sketches a history of uses of the example from the seventeenth century through the twentieth century. An argument is presented that Pierre Bayle’s use of the example is most in accord with Hume’s, and that for this and other reasons, Bayle is his likeliest source. Further, making sense in this way of Hume’s use of the burning coal example illuminates Hume’s interesting contributions to the notions of time, identity, and individuation. (shrink)

"Under Magee's sensitive guidance a remarkably coherent interpretation of this period emerges."--Marshall Cohen, Listener. "The whole book has a marvellous air of casualness and clarity that makes it a delight to read."--Colin Wilson. Contemporary British philosophy is experiencing unprecedented openness to influences from abroad. New growth is evident in many areas of traditional philosophy which had been neglected by the logical positivists and the linguistic analysts. This sense of freedom permeates Magee's volume of conversations with leading British philosophers. Under Magee's (...) direction, the philosophers discuss other influential thinkers, such as Wittgenstein, Russell, Moore, and Austin, as well as ideas of universal interest, such as morality, art, religion, and social theory. As an introduction to contemporary British philosophy, a unique collection of candid commentaries by important thinkers, and study of fresh ideas, Modern British Philosophy is consistently lively and authoritative. (shrink)

In a vigorously argued passage of the oration Pro L. Flacco, Cicero defends his client L. Valerius Flaccus against the charge that he had acted improperly during his governorship of Asia three years previously in claiming as heres legitimus the estate of one Valeria, wife of Sextilius Andro, who had died intestate in the province. This section of the speech involves Cicero in a brief display of his knowledge of the civil law concerning tutela, the forms of acquiring manus in (...) marriage by usus and coemptio and inheritance ah intestate, and it is described by the scholiast as ‘negotialis quaestiuncula’. The passage is regularly cited in the handbooks to illustrate those features of the civil law which Cicero treats, but the Valeria in question is otherwise wholly obscure. (shrink)

On June 11, 1963, in a dramatic gesture that caught the nation's attention, Governor George Wallace physically blocked the entrance to Foster Auditorium on the University of Alabama's campus. His intent was to defy Attorney General Nicholas Katzenbach, sent on behalf of the Kennedy administration to force Alabama to accept court-ordered desegregation. After a tense confrontation, President Kennedy federalized the Alabama National Guard and Wallace backed down, allowing Vivian Malone and James Hood to become the first African Americans to enroll (...) successfully at their state's flagship university. That night, John F. Kennedy went on television to declare civil rights a "moral issue" and to commit his administration to this cause. That same night, Medgar Evers was shot dead. In The Schoolhouse Door, E. Culpepper Clark provides a riveting account of the events that led to Wallace's historic stand, tracing a tangle of intrigue and resistance that stretched from the 1940s, when the university rejected black applicants outright, to the post-Brown v. Board of Education era. We are there in July 1955 when Thurgood Marshall and lawyers at the NAACP Legal Defense Fund win for Autherine Lucy and "all similarly situated" the right to enroll at the university. We are in the car with Lucy in February 1956 as university officials escort her to class, shielding her from a mob jeering "Lynch the nigger," "Keep 'Bama white," and "hit the nigger whore." Clark exposes the many means, including threats and intimidation, used by university and state officials to discourage black applicants following the Lucy episode. And he explains how University of Alabama president Frank Anthony Rose eventually cooperated with the Kennedy administration to ensure a smooth transition toward desegregation. We also witness Robert Kennedy's remarkable face-to-face plea for Wallace's cooperation and the governor's adamant refusal: "I will never submit voluntarily to any integration in a school system in Alabama." As Clark writes, Wallace's carefully orchestrated surrender would leave the forces of white supremacy free to fight another day. And the Kennedys' public embrace of the civil rights movement would set in motion a political transformation that changed the presidential base of the Democratic party for the next thirty years. In these pages, full of courageous black applicants, fist-shaking demonstrators, and powerful politicians, Clark captures the dramatic confrontations that transformed the University of Alabama into a proving ground for the civil rights movement and gave the nation unforgettable symbols for its struggle to achieve racial justice. (shrink)

Very few thinkers have traveled the heretical path that François Laruelle walks between philosophy and non-philosophy. For Laruelle, the future of philosophy is problematic, but a mutation of its functions is possible. Up until now, philosophy has merely been a utopia concerned with the past and only provided the services of its conservation. We must introduce a rigorous and nonimaginary practice of a utopia in action, a philo-fiction—a close relative to science fiction. From here we can see the double meaning (...) of the watchword, a tabula rasa of the future. This new destination is imposed by a specifically human messianism, an eschatology within the limits of the Man-in-person as antihumanist ultimatum addressed to the History of Philosophy. This book elucidates some of the fundamental problems of non-philosophy and takes on its detractors. (shrink)

According to simulation or shared-substrates models of emotion recognition, our ability to recognize the emotions expressed by other individuals relies, at least in part, on processes that internally simulate the same emotional state in ourselves. The term “emotional expressions” is nearly synonymous, in many people's minds, with facial expressions of emotion. However, vocal prosody and whole-body cues also convey emotional information. What is the relationship between these various channels of emotional communication? We first briefly review simulation models of emotion recognition, (...) and then discuss neuroscientific evidence related to these models, including studies using facial expressions, whole-body cues, and vocal prosody. We conclude by discussing these data in the context of simulation and shared-substrates models of emotion recognition. (shrink)

Moral distress has been widely reviewed across many care contexts and among a range of disciplines. Interest in this area has produced a plethora of studies, commentary and critique. An overview of the literature around moral distress reveals a commonality about factors contributing to moral distress, the attendant outcomes of this distress and a core set of interventions recommended to address these. Interventions at both personal and organizational levels have been proposed. The relevance of this overview resides in the implications (...) moral distress has on the nurse and the nursing workforce: particularly in regard to quality of care, diminished workplace satisfaction and physical health of staff and increased problems with staff retention. (shrink)

The insight a patient shares into their own psychosis is fundamental to their condition - it goes to the heart of what we understand 'madness' to be. Can a person be expected to accept treatment for a condition that they deny they have? Can a person be held responsible for their actions if those actions are inspired by their own unique perceptions and beliefs - beliefs that no-one else shares? The topic of insight in schizophrenia and related disorders has become (...) a major focus of research in psychiatry and psychology. It has important clinical implications in terms of outcome, treatment adherence, competence, and forensic issues. In order to study 'insight' a broad perspective is required. This involves applying knowledge from the cognitive and brain sciences, as well as from philosophy and the social sciences. Insight and Psychosis comprises a series of in-depth, well-referenced, scholarly overviews from each of these perspectives with a strong empirical foundation - including in some cases the presentation of new data and meta-analysis of the published literature. These are integrated and synthesised by the editors, both acknowledged experts in the field. The scope is truly international and spans theoretical perspectives, clinical practice, and consumer views. The book will act as a source for students and researchers interested in pursuing any number of questions and controversies around lack of insight and awareness, and will guide clinical psychologists and psychiatrists who seek a broader view of the many facets of insight that might arise during their day-to-day work. (shrink)

A review of Anthony Appiah's Experiments in Ethics.

The paper attempts to trace the relevance of the work of Slavoj Žižek in the field of practical opera composition, taking as example the Greek contemporary opera Anthony’s Death, which dramatizes a multitude of Žižekian topics and concludes with a sung Žižek text. The paper argues that the tension between the dimensions of Meaning and Voice is constitutive of the genre of opera itself, and exhibits the strategies used by Anthony’s Death to thematize this disjunction. The work’s structure is then (...) examined as an attempt to artistically render several Žižekian topoi and from the point of view of the different uses it subjects Žižek’s text to. The vicissitudes of thought submitted to musical treatment are considered next, and it is argued that a “fall” from Meaning into Sound is inevitable when abstract thought is sung. Finally, the importance of Žižek’s work for contemporary opera is located on the level of operatic form, for which it is asserted that it has the ability to act as a potentially vivifying catalyst. (shrink)

The doctrine of God is central to theology for it determines the way in which other regions of Christian doctrine are articulated, yet work on this topic in its own right has been occluded recently by treatments of the Trinity or divine passibility. This collection of specially commissioned essays presents major treatments of key themes in the doctrine of God, motivated by but not restricted to the work of Professor Paul S. Fiddes to whom it is offered as a Festschrift. (...) It includes invigorating discussions of the biblical and non-biblical sources for the doctrine of God, and the section on 'Metaphysics and the Doctrine of God' examines some of the most important conceptual questions arising in contemporary theological debate about the being and nature of God, and God's relations to the world. The final section of the book on 'God and Humanity' will be highly relevant to scholars working in the fields of theological anthropology, moral and political theology, on inter-faith relations, on theology and literature, or who are interested in the impact of contemporary science on the doctrine of God. The introduction relates the essays in the book to the work of Professor Fiddes and to wider debates in Christian doctrine. This volume brings together a team of internationally distinguished scholars from a wide range of theological, philosophical, and religious perspectives, and it will stimulate fresh thinking and new debate about this most central of topics in Christian theology.--Publisher. (shrink)

__Improvement in Action_, Anthony S. Bryk’s sequel to _Learning to Improve_, illustrates how educators have effectively applied the six core principles of continuous improvement in practice._ The book highlights relevant examples of rigorous, high-quality improvement work in districts, schools, and professional development networks across the country. The organizations featured in the book have addressed, with remarkable results, long-standing inequitable educational outcomes in high school graduation rates, college readiness, and absenteeism. The cases emphasize the measures the educators took and the thinking (...) that motivated their actions. Bryk describes how improvers, working in different contexts and confronting different problems, used select principles, tools, and methods to make improvement come to life. Brief analytic reflections are embedded throughout the narratives, and each chapter concludes with an analysis of a set of larger lessons illuminated by the organization’s story. Taken as a set, these examples offer readers valuable insights about the actual dynamics of doing improvement work. _Improvement in Action_, paired with _Learning to Improve_, provides readers with a comprehensive understanding of the practice, method, and theory of large-scale continuous improvement in education. (shrink)

The recent Minnesota case of In re Emergency Guardianship of Albert Barnes illustrates an emerging class of cases where a dispute between a family proxy and a hospital over “medical futility” requires legal resolution. The case was further complicated by the patient’s spouse who fraudulently claimed to be the patient’s designated health care proxy and who misrepresented the patient’s previously expressed treatment preferences. Barnes demonstrates the degree of significant administrative and institutional support to the health care team, ethics consultants, and (...) futility committees that is required when a futility dispute escalates to the need for judicial resolution. An institutional futility policy, especially one that is endorsed by other regional medical centers and organizations, is an important foundation for a hospital that seeks judicial support in a dispute over medical futility in end of life care. (shrink)

Futility disputes are increasing and courts are slowly abandoning their historical reluctance to engage these contentious issues, particularly when confronted with inappropriate surrogate demands for aggressive treatment. Use of the judicial system to resolve futility disputes inevitably brings media attention and requires clinicians, hospitals, and families to debate these deep moral conflicts in the public eye. A recent case in Minnesota, In re Emergency Guardianship of Albert Barnes, explores this emerging trend and the complex responsibilities of clinicians and hospital administrators (...) seeking to replace an unfaithful surrogate demanding aggressive therapy. Use of the courts requires the coordinated commitment of significant institutional resources, management of intense media scrutiny and individual and organizational courage to enter the unpredictable world of litigation. Given the dearth of legislative guidance on medical futility, individual clinicians and institutions will continue to bear the difficult responsibility for resolution of individual futility disputes. The Barnes case illustrates how one institution successfully used the judicial system to replace an unfaithful surrogate, cease the provision of inappropriate aggressive care, and stimulate a community dialogue about appropriate care at the end of life. (shrink)

In this long awaited volume, John Marshall invites us to reconsider Rene Descartes as an ethicist.

Most Anglophone commentators ignore Schopenhauer's normative ethics, and those who do consider it often dismiss it as simplistic. In this chapter, we argue that Schopenhauer in fact offers a rich normative ethics. Taking a cue from Scanlon, we offer a reading of Schopenhauer on which actions are subject to five distinct dimensions of ethical assessment. The resulting view is nuanced and, in many respects, attractive. We conclude, however, by arguing that none of the evaluative dimensions equip Schopenhauer to condemn actions (...) that are motivated by misplaced compassion, as when a member of an oppressive class self-sacrifices in order to maintain the status quo. (shrink)

The idea that there are some things which we should not talk about is most commonly dealt with in the context of debates about rights to free speech, and other contexts in which the value of talking is typically understood in instrumental terms. This paper explores ways of grounding that idea which do not depend upon instrumental values, in particular in the context of self-revelatory and confessional talk.

Moore's paradox pits our intuitions about semantic oddnessagainst the concept of truth-functional consistency. Most solutions tothe problem proceed by explaining away our intuitions. But``consistency'' is a theory-laden concept, having different contours indifferent semantic theories. Truth-functional consistency is appropriateonly if the semantic theory we are using identifies meaning withtruth-conditions. I argue that such a framework is not appropriate whenit comes to analzying epistemic modality. I show that a theory whichaccounts for a wide variety of semantic data about epistemic modals(Update Semantics) buys (...) us a solution to Moore's paradox as a corollary.It turns out that Moorean propositions, when looked at through the lenseof an appropriate semantic theory, are inconsistent after all. (shrink)

This article is currently available as a free download on Ingenta Connect.

Along with fresh interpretations of Plato, this book proposes a radically new approach to reading him, one that can teach us about protreptic, as it is called, by reimagining the ways in which Socrates engages in it. Protreptic, as it is conceived in the book, is an attempt to bring about a fundamental change of heart in people so that they want truth more than anything else. In taking the approach developed in this book, one doesn't try to get Plato (...) right but simply uses his dialogues as a theoretical tool for gaining insight into protreptic. The book argues that by analyzing Socrates' behavior in the right way, one can better understand how to foster thoughtfulness nowadays, and there is a need to foster it, in part since the health of democracy is at stake. (shrink)

Anthony J. Lisska presents a new analysis of Thomas Aquinas's theory of perception. While much work has been undertaken on Aquinas's texts, little has been devoted principally to his theory of perception and less still on a discussion of inner sense. The thesis of intentionality serves as the philosophical backdrop of this analysis while incorporating insights from Brentano and from recent scholarship. The principal thrust is on the importance of inner sense, a much-overlooked area of Aquinas's philosophy of mind, with (...) special reference to the vis cogitativa. Approaching the texts of Aquinas from contemporary analytic philosophy, Lisska suggests a modest 'innate' or 'structured' interpretation for the role of this inner sense faculty. He argues that were it not for the vis cogitativa, Aquinas would be unable to account for an awareness of the principal ontological category in his metaphysics. (shrink)

3. From. evolutionary. psychology. to. evolutionary. economics. 3.1 Shaken foundations Marshall's move from psychology to economics can be described as a slow shift rather than a sudden switch: Psychology seemed to hold out good ...

Acceptance of elderly or marginal health individuals as kidney donors is debated, with practices varying between centres. Transplant recipients, live kidney donors and health-care professionals caring for patients with renal failure were surveyed regarding their views on live donor kidney transplantation (LDKT) of marginal health (diabetes, hypertension, atherosclerosis, obesity, etc.) and elderly donors. Participants were recruited within a tertiary renal and transplant centre and invited to participate in focus groups and structured interviews. They also completed an anonymous questionnaire. Of 464 (...) participants who completed the questionnaire (36% health-care professionals and 64% patients), 49% and 64%, respectively, stated that marginal and elderly donors should be accepted for LDKT. In the structured interviews, emphasis was given to presenting to donor, recipient and their respective families a calculated risk regarding the effect that either a nephrectomy or transplant has on long-term quality of life. Participants stated that an independent third party in addition to the transplant team should discuss involved risks. Issues of ‘how desperate’ the recipient's situation is should also be considered. Health-care professionals stated that regardless of the strength of will of an individual to donate a kidney (despite age, health problems or personal risk), they should always have the right to say ‘no’ if performing a specific LDKT was against their professional and ethical values. About half of those surveyed considered that marginal health and elderly donors were acceptable for LDKT. Emphasis was given to the explanation to donors and recipients of the risks involved in such transplantation. (shrink)

Leading phenomenologist Tony Steinbock intervenes in contemporary discussion around the concept of the gift, providing a critical reading of the main figures on the problem of the gift and offering a new perspective on the gift, situating it in the emotional sphere, specifically in relation to loving and humility.

The rationale for liberal economic policies refers inter alia to the so-called producer and consumer surpluses, namely welfare concepts which were proposed by Alfred Marshall in his seminal work Principles of Economics, first published in 1890. In the case of trade policy, relying on surpluses and referring to the 'small country case', it is recommended to remove tariff barriers imposed on the imports of commodities because it should increase welfare and, in theory at least, the losers of such a trade (...) policy orientation can be compensated with the use of adequate transfers from winners. Despite extensive use, the concept of surpluses still raises key questions that may alter the case for free trade. Thus, from a purely semantic perspective, the concept of producer, as presented in Marshall's work, seems to be broader than the concept which is proposed in the dominant economic discourse; in other words, workers should also be seen as producers. Assuming that the workers are considered as producers, their wage rents must be taken into account when discussing the impacts of trade liberalisation; in addition, the welfare costs of unemployment caused by the opening of national economies should be included – as a result, the case for free trade weakens considerably, it could even vanish. (shrink)