It has been remarked that the ‘rupture thesis’ prevails within the Anglo-American legal academy in its understanding of the legal system in Nazi Germany. This article explores the existence and origins of this idea—that ‘Nazi law’ represented an aberration from normal legal-historical development with a point of rupture persisting between it and the ‘normal’ or central concept of law—within jurisprudential discourse in order to illustrate the prevalence of a distorted representation of Nazi law and how this distortion is manifested within (...) the discourse today. An analysis of the treatment of Nazi law in two major 50th anniversary publications about the 1958 Hart–Fuller debate, and a review of representations of the Third Reich within literature from the current discourse, demonstrates that the rupture thesis continues to be reproduced within jurisprudence. An examination of the role of Nazi law in the Hart–Fuller debate itself shows that it can be traced back to the debate, where it was constructed through a combination of conceptual determinism and historical omission. It concludes that the historical Nazi law has great significance for the concept of law, but neither positivism nor natural law has properly theorised the nature of the real Nazi legal system. (shrink)

I show that frequentism, as an explanation of probability in classical statistical mechanics, can be extended in a natural way to a decoherent quantum history space, the analogue of a classical phase space. The result is a form of finite frequentism, in which Gibbs’ concept of an infinite ensemble of gases is replaced by the quantum state expressed as a superposition of a finite number of decohering microstates. It is a form of finite and actual frequentism (as opposed to hypothetical (...) frequentism) insofar as all the microstates exist, in keeping with the decoherence-based Everett interpretation, and some versions of pilot-wave theory. (shrink)

Digital phenotyping for mental health is an emerging trend which uses digital data, derived from mobile applications, wearable technologies and digital sensors, to measure, track and predict the mental health of an individual. Digital phenotyping for mental health is a growing, but as yet underexamined, field. As we will show, the rapid growth of digital phenotyping for mental health raises crucial questions about the values that underpin and are reinforced by this technology, as well as regarding to whom it may (...) become valuable. In this commentary, we explore these questions by focusing on the construction of value across two interrelated domains: user experience and epistemologies on the one hand, and issues of data and ownership on the other. In doing so, we demonstrate the need for a deeper ethical and epistemological engagement with the value assumptions that underpin the promise of digital phenotyping for mental health. (shrink)

Objective: Appropriate reactivity to emotional facial expressions, even if these are seen whilst we are engaged in another activity, is critical for successful social interaction. Children with conduct problems (CP) and high levels of callous-unemotional (CU) traits are characterized by blunted reactivity to other people's emotions, while children with CP and low levels of CU traits can over-react to perceived emotional threat. No study to date has compared children with CP and high vs. low levels of CU traits to typically (...) developing (TD) children or each other, using a task that assesses attentional capture by irrelevant emotional faces. -/- Method: All participants performed an attentional capture task in which they were asked to judge the orientation of a single male face that was displayed simultaneously with two female faces. Three types of trials were presented, trials with all neutral faces, trials with an emotional distractor face and trials with an emotional target face. Fifteen boys with CP and high levels of CU traits, 17 boys with CP and low levels of CU traits and 17 age and ability matched TD boys were included in the final study sample. -/- Results: Compared to TD children and children with low levels of CU traits, children with CP and high levels of CU traits showed reduced attentional capture by irrelevant emotional faces. -/- Conclusions: This study is the first to demonstrate a different pattern in emotional attentional capture in children with CP depending on their level of CU traits. (shrink)

The introduction of respiratory machines in the 1950s may have saved the lives of many, but it also challenged the notion of death itself. This development endowed “machines” with the power to form a unique ontological creature: a live body with a “dead” brain. While technology may be blamed for complicating things in the first place, it is also called on to solve the resulting quandaries. Indeed, it is not the birth of the “brain-dead” that concerns us most, but rather (...) its association with a web of epistemological and ethical considerations, where technology plays a central role. The brain death debate in Israel introduces highly sophisticated religious thought and authoritative medical expertise. At focus are the religious acceptance and rejection of brain death by a technologically savvy group of rabbis whose religious doctrine––along with a particular form of religious reasoning––is used to support the truth claims made from the scientific community but challenge the ways in which they are made credible. In our case, brain death as “true” death is made religiously viable with the very use of technological apparatus and scientific rhetoric that stand at the heart of the scientific ethos. (shrink)

Provides a comprehensive introduction to the major philosophical theories attempting to explain the workings of language.

PurposeThe purpose of the paper is to draw a new map confronting the issue of privacy in the new media age in general, and in the State of Israel in particular.Design/methodology/approachThe paper presents an in‐depth review based on professional literature covering the topics of privacy, new media, social networks, and Israel. The paper considers all citizens of Israel, the vast majority, however, of which are Jewish.FindingsThe study has found that even though Israeli social network users may be aware of online (...) privacy issues, their adoption of online sharing and exposure, while partly due to third person effect, is to a great extent a reflection of the Israeli collective ethos which emphasises the importance of community and emotional and material sharing.Originality/valueThe study proposes a new classification of privacy exposures and violations by analyzing the nature of privacy violations inherent in the new media. The paper then discusses the unique cultural and normative manifestations of this issue in Israeli society. (shrink)

It is well-known that the invocation of `equilibrium processes' in thermodynamics is oxymoronic. However, their prevalence and utility, particularly in elementary accounts, presents a problem. We consider a way in which their role can be played by sets of sequences of processes demarcated by curves carrying the property of accessibility. We also examine the vexed question of whether equilibrium processes are necessarily reversible and the revision of this property in relation to sets of sequences of such processes.

Which political principles should govern global politics? In his new book, Simon Caney engages with the work of philosophers, political theorists, and international relations scholars in order to examine some of the most pressing global issues of our time. Are there universal civil, political, and economic human rights? Should there be a system of supra- state institutions? Can humanitarian intervention be justified?

A key question in understanding visual awareness is whether any single cortical area is indispensable. In a transcranial magnetic stimulation experiment, we show that observers' awareness of activity in extrastriate area VS depends on the amount of activity in striate cortex (Vl). From the timing and pattern of effects, we infer that back-projections from extrastriate cortex influence information content in Vl, but it is Vl that determines whether that information reaches awareness.

This volume collects some influential essays in which Simon Blackburn, one of our leading philosophers, explores one of the most profound and fertile of philosophical problems: the way in which our judgments relate to the world. This debate has centered on realism, or the view that what we say is validated by the way things stand in the world, and a variety of oppositions to it. Prominent among the latter are expressive and projective theories, but also a relaxed pluralism (...) that discourages the view that there are substantial issues at stake. The figure of the "quasi-realist" dramatizes the difficulty of conducting these debates. Typically philosophers thinking of themselves as realists will believe that they alone can give a proper or literal account of some of our attachments--to truth, to facts, to the independent world, to knowledge and certainty. The quasi-realist challenge, developed by Blackburn in this volume, is that we can have those attachments without any metaphysic that deserves to be called realism, so that the metaphysical picture that goes with our practices is quite idle. The cases treated here include the theories of value and knowledge, modality, probability, causation, intentionality and rule-following, and explanation. A substantial new introduction has been added, drawing together some of the central themes. The essays articulate a fresh alternative to a primitive realist/anti-realist opposition, and their cumulative effect is to yield a new appreciation of the delicacy of the debate in these central areas. (shrink)

The Boltzmann and Gibbs approaches to statistical mechanics have very different definitions of equilibrium and entropy. The problems associated with this are discussed and it is suggested that they can be resolved, to produce a version of statistical mechanics incorporating both approaches, by redefining equilibrium not as a binary property but as a continuous property measured by the Boltzmann entropy and by introducing the idea of thermodynamic-like behaviour for the Boltzmann entropy. The Kac ring model is used as an example (...) to test the proposals. (shrink)

This paper presents an in-depth analysis of the anatomy of both thermodynamics and statistical mechanics, together with the relationships between their constituent parts. Based on this analysis, using the renormalization group and finite-size scaling, we give a definition of a large but finite system and argue that phase transitions are represented correctly, as incipient singularities in such systems. We describe the role of the thermodynamic limit. And we explore the implications of this picture of critical phenomena for the questions of (...) reduction and emergence. (shrink)

Simon Blackburn puts forward a compelling original philosophy of human motivation and morality. He maintains that we cannot get clear about ethics until we get clear about human nature. So these are the sorts of questions he addresses: Why do we behave as we do? Can we improve? Is our ethics at war with our passions, or is it an upshot of those passions? Blackburn seeks the answers in an exploration of guilt, shame, disgust, and other moral emotions; he (...) draws also on game theory and cognitive science in his account of the structures of human motivation. Many philosophers have wanted a naturalistic ethics a theory that integrates our understanding of human morality with the rest of our understanding of the world we live in. What is special about Blackburn's naturalistic ethics is that it does not debunk the ethical by reducing it to the non-ethical. At the same time he banishes the spectres of scepticism and relativism that have haunted recent moral philosophy. Ruling Passions sets ethics in the context of human nature: it offers a solution to the puzzle of how ethics can maintain its authority even though it is rooted in the very emotions and motivations that it exists to control. (shrink)

In these interviews from 1982 and 1985, I ask Beauvoir about her philosophical differences with Jean-Paul Sartre on the issues of voluntarism vs social conditioning and embodiment, individualism vs reciprocity, and ontology vs ethics. We also discuss her influence on Sartre's work, the problems with the current English translation of The Second Sex, her analyses of motherhood and feminist concepts of woman-identity, and her own experience of sexism.

Our engagement with time is a ubiquitous feature of our lives. We are aware of time on many scales, from the briefest flicker of change to the way our lives unfold over many years. But to what extent does this encounter reveal the true nature of temporal reality? To the extent that temporal reality is as it seems, how do we come to be aware of it? And to the extent that temporal reality is not as it seems, why does (...) it seem that way? These are the central questions addressed by Simon Prosser in Experiencing Time. He defends the B-theory of time, according to which the apparently dynamic quality of change, the special status of the present, and even the passage of time are all illusions. Prosser goes on to explore solutions to certain puzzles raised by experiences of temporal features such as changes, rates, and durations, and in doing so sheds light on broader issues in the philosophy of mind. (shrink)

Although it is argued that social justice is a core concern for the discipline, nursing has not generally played a leadership role in the responses to many of the greatest social problems of our time. These include the accelerated rate of climate change, pandemic threats, systemic racism, growing health and social inequities, and the regulation of new technologies to ensure an equitable future ‘for all.’ In nursing codes of ethics, administration, education, policies, and practice, social justice is often claimed to (...) be a core value, yet it is rarely contextualized by philosophical or theoretical underpinnings. It appears that nurses’ commitment to social justice may stem more from a penchant for ‘doing good’ than an attempt to explore, understand, and enact what is meant by social justice from an ontological, epistemological, and methodological perspective. We contend that the dominance of a human science perspective in nursing contributes to a narrow definition of health and relegates many issues central to social justice to the margins of nurses’ care. In this article, we explore how the focus on ‘the human’ in the human science perspective may not only be limiting the capacity of nurses to develop strategies to adequately address social injustice, but in some instances, direct nurses to contribute to their very reproduction. We suggest that a critical interrogation of this human‐centric hegemony can identify avenues of rupture and introduce posthumanism as an additional philosophical perspective for consideration to help bridge the human‐social divide. (shrink)

This paper examines what would be a fair distribution of the right to emit greenhouse gases. It distinguishes between views that treat the distribution of this right on its own (Isolationist Views) and those that treat it in conjunction with the distribution of other goods (Integrationist Views). The most widely held view treats adopts an Isolationist approach and holds that emission rights should be distributed equally. This paper provides a critique of this 'equal per capita' view, and the isolationist assumptions (...) on which it depends. It examines four arguments for this view, finding each wanting. It then presents two general challenges to the 'equal per capita' view, and, indeed, any views which treat the distribution of greenhouse gas emissions in isolation from other goods. It concludes by outlining and defending an alternative (Integrationist) approach to the distribution of rights to emit greenhouse gases. (shrink)

In Reasonable Democracy, Simone Chambers describes, explains, and defends a discursive politics inspired by the work of Jürgen Habermas. In addition to comparing Habermas's ideas with other non-Kantian liberal theories in clear and accessible prose, Chambers develops her own views regarding the role of discourse and its importance within liberal democracies. Beginning with a deceptively simple question—"Why is talking better than fighting?"—Chambers explains how the idea of talking provides a rich and compelling view of morality, rationality, and political stability. She (...) considers talking as a way for people to respect each other as moral agents, as a way to reach reasonable and legitimate solutions to disputes, and as a way to reproduce and strengthen shared understandings. In the course of this argument, she defends modern universalist ethics, communicative rationality, and what she calls a "discursive political culture," a concept that locates the political power of discourse and deliberation not so much in institutions of democratic decision-making as in the type of conversations that go on around these institutions. While discourse and deliberation cannot replace voting, bargaining, or compromise, Chambers argues, it is important to maintain a background moral conversation in which to anchor other activities. As an extended case study, Chambers examines the conversation about language rights that has been taking place for more than twenty years in Quebec. A culture of dialogue, she shows, has proved a positive and powerful force in resolving some of the disagreements between the two linguistic communities there. (shrink)

“Challenging the utility of polygenic scores for social science” is a compelling but limited critique. Phenotypic development is sensitive to both initial conditions and all subsequent states – from conception to senescence. Thus, gene-centric analyses are misleading (and often meaningless) because gene products are transformed, and their phenotypic ‘effects' combined and attenuated with successive propagations from molecular and cellular contexts to organismal and social environments.

This book offers a novel understanding of Israeli bioethics that is a milestone in the comparative literature of bioethics. Bringing together a range of experts, the book's interdisciplinary structure employs a contemporary, sociopolitical-oriented approach to bioethics issues, with an emphasis on empirical analysis, that will appeal not only to scholars of bioethics, but also to students of law, medicine, humanities, and social sciences around the world. Its focus on the development of bioethics in Israel makes it especially relevant to scholars (...) of Israeli society- both in and out of Israel-as well as medical practitioners and health policymakers in Israel. (shrink)

Scientific realism driven by inference to the best explanation (IBE) takes empirically confirmed objects to exist, independent, pace empiricism, of whether those objects are observable or not. This kind of realism, it has been claimed, does not need probabilistic reasoning to justify the claim that these objects exist. But I show that there are scientific contexts in which a non-probabilistic IBE-driven realism leads to a puzzle. Since IBE can be applied in scientific contexts in which empirical confirmation has not yet (...) been reached, realists will in these contexts be committed to the existence of empirically unconfirmed objects. As a consequence of such commitments, because they lack probabilistic features, the possible empirical confirmation of those objects is epistemically redundant with respect to realism. (shrink)

Gravity and Grace was the first ever publication by the remarkable thinker and activist, Simone Weil. In it Gustave Thibon, the priest to whom she had entrusted her notebooks before her untimely death, compiled in one remarkable volume a compendium of her writings that have become a source of spiritual guidance and wisdom for countless individuals.

Simple models have played an important role in the discussion of foundational issues in statistical mechanics. Among them the spin-echo system is of particular interest since it can be realized experimentally. This has led to inferences being drawn about approaches to the foundations of statistical mechanics, particularly with respect to the use of coarse-graining. We examine these claims with the help of computer simulations.

Recent work asked if visual cues facilitate word segmentation in adults and infants. While adults showed better word segmentation when presented with a regular visual cue, infants did not. This difference was attributed to infants' lack of understanding that objects have labels. Alternatively, infants’ performance could reflect their difficulty with tracking and integrating multiple multimodal cues. We contrasted these two accounts by looking at the effect of visual cues on word segmentation in adults and across childhood. We found that older (...) children benefitted from the regular visual cues, but younger children, who already knew that objects have labels, did not. Knowing that objects have labels was not enough to use visual cues as an aid for segmentation. These findings show that the ability to integrate multimodal cues develops during childhood, and it is not yet adult-like in children. (shrink)

This bestselling dictionary is written by one of the leading philosophers of our time, and it is widely recognized as the best dictionary of its kind. Comprehensive and authoritative, it covers every aspect of philosophy from Aristotle to Zen. With clear and concise definitions, it provides lively and accessible coverage of not only Western philosophical traditions, but also themes from Chinese, Indian, Islamic, and Jewish philosophy. New entries on philosophy of economics, social theory, neuroscience, philosophy of the mind, and moral (...) conceptions, bring this authoritative third edition up to date. It is the ideal introduction to philosophy for anyone with an interest in the subject, and it is an indispensable work of reference for students and teachers. (shrink)

‘Transplant’ thought-experiments, in which the cerebrum is moved from one body to another, have featured in a number of recent discussions in the personal identity literature. Once taken as offering confirmation of some form of psychological continuity theory of identity, arguments from Marya Schechtman and Kathleen Wilkes have contended that this is not the case. Any such apparent support is due to a lack of detail in their description or a reliance on predictions that we are in no position to (...) make. I argue that the case against them rests on two serious misunderstandings of the operation of thought-experiments, and that even if they do not ultimately support a psychological continuity theory, they do major damage to that theory’s opponents. (shrink)

Ruling Passions is about human nature. It is an invitation to see human nature a certain way. It defends this way of looking at ourselves against competitors, including rational choice theory, modern Kantianism, various applications of evolutionary psychology, views that enchant our natures, and those that disenchant them in the direction of relativism or nihilism. It is a story centred upon a view of human ethical nature, which it places amongst other facets of human nature, as just one of the (...) elements which give us the manifold objects of our concerns and cares. (shrink)

According to the B-theory, the passage of time is an illusion. The B-theory therefore requires an explanation of this illusion before it can be regarded as fullysatisfactory; yet very few B-theorists have taken up the challenge of trying to provide one. In this paper I take some first steps toward such an explanation by first making a methodological proposal, then a hypothesis about a key element in the phenomenology of temporal passage. The methodological proposal focuses onthe representational content of the (...) element of experience by virtue of which time seems to pass. The hypothesis involves the claim that the experience of changeinvolves the representation of something enduring, rather than perduring, through any change. (shrink)

I explore the process of changes in the observability of entities and objects in science and how such changes impact two key issues in the scientific realism debate: the claim that predictively successful elements of past science are retained in current scientific theories, and the inductive defense of a specific version of inference to the best explanation with respect to unobservables. I provide a case-study of the discovery of radium by Marie Curie in order to show that the observability of (...) some entities can change and that such changes are relevant for arguments seeking to establish the reliability of success-to-truth inferences with respect to unobservables. (shrink)

It is widely recognized that changes are occurring to the earth’s climate and, further, that these changes threaten important human interests. This raises the question of who should bear the burdens of addressing global climate change. This paper aims to provide an answer to this question. To do so it focuses on the principle that those who cause the problem are morally responsible for solving it (the ‘polluterpays’ principle). It argues thatwhilethishasconsiderable appeal it cannot provide a complete account of who (...) should bear the burdens of global climate change. It proposes three ways in which this principle needs to be supplemented, and compares the resulting moral theory with the principle of ‘common but differentiated responsibility’. (shrink)