This collection, first published in 2000, brings together essays by some of the most prominent scholars currently writing in commercial law theory. The essays address the foundations of efficiency analysis as the dominant theoretical paradigm in contemporary corporate and commercial law scholarship. Some of the questions addressed in the volume are: What are the historical roots of efficiency analysis in contract, sales, and corporate law? Is moral theory irrelevant to efficiency analysis in these areas; if relevant, are morality and efficiency (...) compatible? Even if efficiency is otherwise reasonable as a normative goal in corporate and commercial law, does the complexity of efficiency make it practical to administer in adjudication? What is the best way of pursuing efficiency in corporate and commercial law? The volume reflects the most exciting work being done in contemporary legal theory. It will be of interest to professionals and students in law and philosophy of law. (shrink)

John Finnis's powerfully and deservedly influential modern classic, Natural Law and Natural Rights, expounds a theory of law and morality that is based on a picture of “persons” using practical reason to pursue certain “basic goods.” While devoting much attention to practical reason and to the goods, however, Finnis says little about the nature of personhood. This relative inattention to what “persons” are creates a risk—one that Finnis himself notices—of assuming or importing an inadequate anthropology. This essay suggests that the (...) “new natural law” developed by Finnis suffers in places from the inadvertent adoption of a flawed anthropology—an anthropology under the thrall of modern individualistic commitments. To explain this suspicion, this article discusses three difficulties in his natural law theory: difficulties in accounting for the basic good of friendship, for obligations we owe to others, and for legal authority. These difficulties may seem disconnected, but this article suggests that they may all reflect an inadequate anthropology—one that Finnis does not exactly embrace but that is pervasive today and that in places may affect his theorizing. (shrink)

The grand and sweeping claims of many relativists might seem to amount to the argument that everything is relative--except the thesis of relativism. In this book, Steven Hales defends relativism, but in a more circumscribed form that applies specifically to philosophical propositions. His claim is that philosophical propositions are relatively true--true in some perspectives and false in others. Hales defends this argument first by examining rational intuition as the method by which philosophers come to have the beliefs they do. (...) Analytic rationalism, he claims, has a foundational reliance on rational intuition as a method of acquiring basic beliefs. He then argues that there are other methods that people use to gain beliefs about philosophical topics that are strikingly analogous to rational intuition and examines two of these: Christian revelation and the ritual use of hallucinogens. Hales argues that rational intuition is not epistemically superior to either of these alternative methods. There are only three possible outcomes: we have no philosophical knowledge ; there are no philosophical propositions ; or there are knowable philosophical propositions, but our knowledge of them is relative to doxastic perspective. Hales defends relativism against the charge that it is self-refuting and answers a variety of objections to this account of relativism. Finally, he examines the most sweeping objection to relativism: that philosophical propositions are not merely relatively true, because there are no philosophical propositions--all propositions are ultimately empirical, as the naturalists contend. Hales's somewhat disturbing conclusion--that intuition-driven philosophy does produce knowledge, but not absolute knowledge--is sure to inspire debate among philosophers. (shrink)

There are three theories of luck in the literature, each of which tends to appeal to philosophers pursuing different concerns. These are the probability, modal, and control views. I will argue that all three theories are irreparably defective; not only are there counterexamples to each of the three theories of luck, but there are three previously undiscussed classes of counterexamples against them. These are the problems of lucky necessities, skillful luck, and diachronic luck. I conclude that a serious reevaluation of (...) the role of luck in philosophy is called for. (shrink)

In "Nietzsche's Perspectivism", Steven Hales and Rex Welshon offer an analytic approach to Nietzsche's important idea that truth is perspectival. Drawing on Nietzsche's entire published corpus, along with manuscripts he never saw to press, they assess the different perspectivisms at work in Nietzsche's views with regard to truth, logic, causality, knowledge, consciousness, and the self. They also examine Nietzsche's perspectivist ontology of power and the attendant claims that substances and subjects are illusory while forces and alliances of power constitute (...) the only reality. Hales and Welshon present Nietzsche's treatment of perspectivism as both more complex and more fruitful than the common view of it as a doctrine that truth is not objective. Neither a metaphor nor a methodology, perspectivism emerges as a protean concept akin to a unifying theme; an alternative to the absolutism that recurs in science, philosophy, and religion; and a technique for revealing the unimagined possibilities open to every individual. (shrink)

The present paper offers an analogical support for the use of rational intuition, namely, if we regard sense perception as a mental faculty that (in general) delivers justified beliefs, then we should treat intuition in the same manner. I will argue that both the cognitive marks of intuition and the role it traditionally plays in epistemology are strongly analogous to that of perception, and barring specific arguments to the contrary, we should treat rational intuition as a source of prima facie (...) justified beliefs. There are two main arguments against the intuition-perception analogy that I will consider and find lacking. First is that while we do use perceptions as evidence to believe certain propositions, in fact no one ever does use intuition evidentially. The second argument, stemming from experimental philosophy, grants that philosophers do use intuitions evidentially, but this practice is fatally unlike that of perception, in that perception yields warranted beliefs and intuition does not. (shrink)

The present paper poses a new problem for moral luck. Defenders of moral luck uncritically rely on a broader theory of luck known as the control theory or the lack of control theory. However, there are are two other analyses of luck in the literature that dominate discussion in epistemology, namely the probability and modal theories. However, moral luck is nonexistent under the probability and modal accounts, but the control theory cannot explain epistemic luck. While some have posited that “luck” (...) is ambiguous, so that one theory of luck is operative with epistemic luck and a different theory works for moral luck, there are both semantic and philosophical reasons to reject luck ambiguity. Defenders of moral luck must engage with the broader literature on luck and either provide a comprehensive defense of the control theory or concede that moral luck is not a genuine thing in its own right. (shrink)

Relativism is one of the most tenacious theories about truth, with a pedigree as old as philosophy itself. Nearly as ancient is the chief criticism of relativism, namely the charge that the theory is self-refuting. This paper develops a logic of relativism that (1) illuminates the classic self-refutation charge and shows how to escape it; (2) makes rigorous the ideas of truth as relative and truth as absolute, and shows the relations between them; (3) develops an intensional logic for relativism; (...) (4) provides a framework in which relativists can consistently promote ethical, mathematical, scientific, religious, and political truths (among others) as being relative; (5) argues that the notion of incommensurability is far less troubling than is commonly thought; and (6) argues that the concept of a perspective as needed by the theory is not prey to Davidson's well-known critique of conceptual schemes. The paper will not defend relativism as the correct theory of truth, nor will it provide a fully satisfying theory about the nature of a perspective. The logic of relativism is primarily meant to provide a formal framework in which relativists can consistently develop their theories. This alone is a considerable step forward, since the debate about relativism often founders upon the rock of self-refutation. It is argued that while 'everything is relative' is inconsistent, 'everything true is relatively true' is not. The latter is all a relativist really needs. (shrink)

The ethics of care still appeals to many in spite of penetrating criticisms of it which have been presented over the past 15 years or so. This paper tries to offer an explanation for this, and then to critically engage with three versions of an ethics of care. The explanation consists firstly in the close affinities between nursing and care. The three versions identified below are by Gilligan (1982 ), a second by Tronto (1993 ), and a third by Gastmans (...) (2006 ), see also Little (1998 ). Each version is described and then subjected to criticism. It is concluded that where the ethics of care is presented in a distinctive way, it is at its least plausible; where it is stated in more plausible forms, it is not sufficiently distinct from nor superior to at least one other common approach to nursing ethics, namely the much-maligned 'four principles' approach. What is added by this paper to what is already known: as the article tries to explain, in spite of its being subjected to sustained criticism the ethics of care retains its appeal to many scholars. The paper tries to explain why, partly by distinguishing three different versions of an ethics of care. It is also shown that all three versions are beset with problems the least serious of which is distinctiveness from other approaches to moral problems in health care. (shrink)

Humanity has thrown everything we have at implacable luck—novel theologies, entire philosophical movements, fresh branches of mathematics—and yet we seem to have gained only the smallest edge on the power of fortune. The Myth of Luck tells us why we have been fighting an unconquerable foe. Taking us on a guided tour of one of our oldest concepts, we begin in ancient Greece and Rome, considering how Plato, Plutarch, and the Stoics understood luck, before entering the theoretical world of probability (...) and exploring how luck relates to theology, sports, ethics, gambling, knowledge, and present-day psychology. As we travel across traditions, times and cultures, we come to realize that it’s not that as soon as we solve one philosophical problem with luck that two more appear, like heads on a hydra, but rather that the monster is altogether mythological. We cannot master luck because there is nothing to defeat: luck is no more than a persistent and troubling illusion. By introducing us to compelling arguments and convincing reasons that explain why there is no such thing as luck, we finally see why in a very real sense we make our own luck, that luck is our own doing. The Myth of Luck helps us to regain our own agency in the world - telling the entertaining story of the philosophy and history of luck along the way. (shrink)

There are five basic ways to resolve disagreements: keep arguing until capitulation, compromise, locate an ambiguity or contextual factors, accept Pyrrhonian skepticism, and adopt relativism. Relativism is perhaps the most radical and least popular solution to a disagreement, and its defenders generally think the best motivator for relativism is to be found in disputes over predicates of personal taste. I argue that taste predicates do not adequately motivate relativism over the other possible solutions, and argue that relativism looks like the (...) most promising approach when disputants cannot even agree on the meta-evidence for a contested proposition. (shrink)

_A Companion to Relativism_ presents original contributions from leading scholars that address the latest thinking on the role of relativism in the philosophy of language, epistemology, ethics, philosophy of science, logic, and metaphysics. Features original contributions from many of the leading figures working on various aspects of relativism Presents a substantial, broad range of current thinking about relativism Addresses relativism from many of the major subfields of philosophy, including philosophy of language, epistemology, ethics, philosophy of science, logic, and metaphysics.

This paper evaluates a number of closure principles (for both knowledge and justification) that have appeared in the literature. Counterexamples are presented to all but one of these principles, which is conceded to be true but trivially so. It is argued that a consequence of the failure of these closure principles is that certain projects of doxastic logic are doomed, and that doxastic logic is of dubious merit for epistemologists interested in actual knowers in the actual world.

This new book proposes a way out of the crisis by letting go of the idea that psychology needs ‘new’ foundations or a new identity, whether biological, discursive, or cognitive. The psychological is not narrowly confined to any one aspect of human experience; it is quite literally ‘everywhere’. Drawing on a range of influential thinkers including Michel Serres, Michel Foucault, AN Whitehead, and Gilles Deleuze, the book proposes a strong process-oriented approach to the psychological, which studies ‘events’ or ‘occasions.’.

Philosophers have developed three theories of luck: the probability theory, the modal theory, and the control theory. To help assess these theories, we conducted an empirical investigation of luck attributions. We created eight putative luck scenarios and framed each in either a positive or a negative light. Furthermore, we placed the critical luck event at the beginning, middle, or end of the scenario to see if the location of the event influenced luck attributions. We found that attributions of luckiness were (...) significantly influenced by the framing of the scenario and by the location of the critical event. Positively framing an event led to significantly higher lucky ratings than negatively framing the same exact event. And the closer a negative event was placed toward the end of a scenario, the more unlucky the event was rated. Overall, our results raise the possibility that there is no such thing as luck and thereby pose serious challenges to the three prominent theories of luck. We instead propose that luck may be a cognitive illusion, a mere narrative device used to frame stories of success or failure. (shrink)

Traditional philosophy relies heavily on the use of rational intuition to establish theses and conclusions. This essay takes up the matter of intuition and argues for a stunning conclusion: appeal to rational intuition is epistemically justified only if a form of foundationalism is true. This type of foundationalism is the thesis that there is at least one proposition whose justification depends on nothing other than itself. The article also argues that unless we can establish that some intuitions are justified, philosophy (...) as an enterprise that provides non-empirical knowledge is impossible. Not to put too fine a point on it then: philosophy is possible only if foundationalism is true. Whether this should be construed as the strongest possible defense of foundationalism, or the greatest objection to the pretensions of philosophy is left to the reader. (shrink)

In the present paper, I offer a new argument to show that presentism about time is incompatible with time travel. Time travel requires leaving the present, which, under presentism, contains all of reality. Therefore to leave the present moment is to leave reality entirely; i.e. to go out of existence. Presentist “time travel” is therefore best seen as a form of suicide, not as a mode of transportation. Eternalists about time do not face the same difficulty, and time travel is (...) compossible with eternalism. (shrink)

Is it true that an ethics of care offers something distinct from other approaches to ethical problems in nursing, especially principlism? In this article an attempt is made to clarify an ethics of care and then to argue that there need be no substantial difference between principlism and an ethics of care when the latter is considered in the context of nursing. The article begins by considering the question of how one could in fact differentiate moral theories. As is explained, (...) this cannot be done merely in light of the moral judgements they defend, nor their ontological commitments (e.g. their view of the nature of persons). Following these methodological beginnings, care-based ethics is described and critically discussed. It is shown that ontological commitments embraced within care ethics do not themselves show that care ethics is distinct from other approaches. The idea of ‘psychological care’ is also discussed, which stems from the work of Margaret Little. Her claim that the ‘gestalts’ of justice and care cannot be combined is rejected in favour of an approach that does just that and which has been developed by Joan Tronto. It is then claimed that the moral commitments of principlism are certainly not incompatible with those of an ethics of care in the nursing context. A challenge to the idea that principlism and ethics of care might be compatible is anticipated in the work of Eva Feder Kittay. This challenge is responded to and it is concluded that care considered as a moral orientation and the moral values embedded in principlism are best combined in the nursing context. Care provides a moral orientation over which the obligations referred to in principlism can be laid. (shrink)

Several prominent philosophers, including A.J. Ayer and Derek Parfit, have offered the evidentiary requirements for believing human personality can reincarnate, and hence that Cartesian dualism is true. At least one philosopher, Robert Almeder, has argued that there are actual cases which satisfy these requirements. I argue in this paper that even if we grant the empirical data-a large concession-belief in reincarnation is still unjustified. The problem is that without a theoretical account of the alleged cases of reincarnation, the empirical evidence (...) alone does not license giving up materialist theories of the mind. (shrink)

Nietzsche is infamous for denouncing logic, but despite the importance of logic in contemporary philosophy, there has been very little scholarly attention paid to his criticisms. This paper argues that Nietzsche's antilogic polemics are directed against semantics, which he regards as being committed to a realist metaphysics. It is this metaphysical realism that Nietzsche abhors, not logical syntax or proof theory. Nietzsche is also at pains to critique logicians who naively accept realist semantics. Other interpreters who cast Nietzsche as a (...) logical nihilist are criticized as unjustly neglecting key prologic texts. (shrink)

This paper defends the view that philosophical propositions are merely relatively true, i.e. true relative to a doxastic perspective defined at least in part by a non-inferential belief-acquiring method. Here is the strategy: first, the primary way that contemporary philosophers defend their views is through the use of rational intuition, and this method delivers non-inferential, basic beliefs which are then systematized and brought into reflective equilibrium. Second, Christian theologians use exactly the same methodology, only replacing intuition with revelation. Third, intuition (...) and revelation yield frequently inconsistent output beliefs. Fourth, there is no defensible reason to prefer the dictates of intuition to those of Christian revelation. Fifth, the resulting dilemma means that there are true philosophical propositions, but we can't know them (scepticism), or there are no philosophical propositions and the naturalists are right (nihilism), or relativism is true. I suggest that relativism is the most palatable of these alternatives. (shrink)

There is no such thing as moral luck or everyone is profoundly mistaken about its nature and a radical rethinking of moral luck is needed. The argument to be developed is not complicated, and relies almost entirely on premises that should seem obviously correct to anyone who follows the moral luck literature. The conclusion, however, is surprising and disturbing. The classic cases of moral luck always involve an agent who lacks control over an event whose occurrence affects her praiseworthiness or (...) blameworthiness. Close examination of what it is to have control or to lack it reveals the logical space for counterexamples that do not fit the pattern constitutive of moral luck, and so unravel the whole. (shrink)

ABSTRACTWe conducted two studies to determine whether there is a relationship between dispositional optimism and the attribution of good or bad luck to ambiguous luck scenarios. Study 1 presented five scenarios that contained both a lucky and an unlucky component, thereby making them ambiguous in regard to being an overall case of good or bad luck. Participants rated each scenario in toto on a four-point Likert scale and then completed an optimism questionnaire. The results showed a significant correlation between optimism (...) and assignments of luck: more optimistic people rated the characters in the ambiguous scenarios as more lucky while more pessimistic people rated the same characters in the same scenarios as more unlucky. Study 2 separated the good and bad luck components of the study 1 scenarios and presented the components individually to a new group of participants. Participants rated the luckiness of each component on the same four-point scale and then completed the optimism questionnaire. We found... (shrink)

This paper is prompted by the charge that the prevailing Western paradigm of medical knowledge is essentially Cartesian. Hence, illness, disease, disability, etc. are said to be conceived of in Cartesian terms. The paper attempts to make use of the critique of Cartesianism in medicine developed by certain commentators, notably Leder (1992), in order to expose Cartesian commitments in conceptions of disability. The paper also attempts to sketch an alternative conception of disability — one partly inspired by the work of (...) Merleau-Ponty. In particular, three key Cartesian claims are identified and subjected to criticism. These are as follows: (a) The claim that the body is an object, (b) what is termed here ‘the modularity thesis’, and (c) the claim that the body cannot be constitutive of the self (i.e. since the soul/mind/brain is). In opposition to these claims, it is argued that the body is properly viewed as a subject; that there are neither purely mental, nor purely physical disabilities; and that selves are constituted, at least in part, by their bodies. (shrink)

This paper has three main aims. The first is to provide a critical assessment of two rival concepts of suffering, that proposed by Cassell and that proposed in this journal by van Hooft. The second aim of the paper is to sketch a more plausible concept of suffering, one which derives from a Wittgensteinian view of linguistic meaning. This more plausible concept is labeled an ‘intuitive concept’. The third aim is to assess the prospects for scientific understanding of suffering.

Steven D. Martinson - Schiller as Philosopher: A Re-Examination - Journal of the History of Philosophy 45:4 Journal of the History of Philosophy 45.4 663-664 Muse Search Journals This Journal Contents Reviewed by Steven D. Martinson University of Arizona Frederick Beiser. Schiller as Philosopher: A Re-Examination. Oxford: Clarendon Press, 2005. Pp. xiv + 283. Cloth, $74.00. Beiser offers a sound and sensible account of the philosophical work of Friedrich Schiller . He invites philosophers to take Schiller's philosophy much (...) more seriously than they have in the past. The call is compelling since, as the author argues, only very rarely in the history of philosophy "has such sophisticated theory been.. (shrink)

We argue that Nietzsche's interest in truth is more than merely a critical one. He criticizes one historically prominent conception of truth while proposing his own theory, called "perspectivism". However, Nietzsche's truth perspectivism appears to face a self-referential paradox, which is explored in detail. We argue that no commentator has yet solved this puzzle, and then provide our own solution. This solution, which depends upon distinguishing between weak and strong perspectivism while promoting the former, supplies Nietzsche with a consistent truth (...) theory that preserves the bulk of his claims. (shrink)

I argue that evolutionary strategies of kin selection and game-theoretic reciprocity are apt to generate agent-centered and agent- neutral moral intuitions, respectively. Such intuitions are the building blocks of moral theories, resulting in a fundamental schism between agent-centered theories on the one hand and agent-neutral theories on the other. An agent-neutral moral theory is one according to which everyone has the same duties and moral aims, no matter what their personal interests or interpersonal relationships. Agent-centered moral theories deny this and (...) include at least some prescriptions that include ineliminable indexicals. I argue that there are no rational means of bridging the gap between the two types of theories; nevertheless this does not necessitate skepticism about the moral—we might instead opt for an ethical relativism in which the truth of moral statements is relativized to the perspective of moral theories on either side of the schism. Such a relativism does not mean that any ethical theory is as good as any other; some cannot be held in reflective equilibrium, and even among those that can, there may well be pragmatic reasons that motivate the selection of one theory over another. But if no sort of relativism is deemed acceptable, then it is hard to avoid moral skepticism. (shrink)

In this paper I offer a rejoinder to the criticisms raised by Jimmy Alfonso Licon in “No Suicide for Presentists: A Response to Hales.” I argue that Licon's concerns are misplaced, and that his hypothetical presentist time machine neither travels in time nor saves the life of the putative traveler. I conclude that sensible time travel is still forbidden to presentists.

Sports Medicine as an apparent sub-class of medicine has developed apace over the past 30 years. Its recent trajectory has been evidenced by the emergence of specialist international research journals, standard texts, annual conferences, academic appointments and postgraduate courses. Although this field of enquiry and practice lays claim to the title ‘sports medicine’ this paper queries the legitimacy of that claim. Depending upon how ‘sports medicine’ and ‘medicine’ are defined, a plausible-sounding case can be made to show that sports medicine (...) is not in fact a branch of medicine. Rather, it is sometimes closer to practices such as non-therapeutic cosmetic surgery. The argument of the paper is as follows. It begins with a brief statement concerning methodology. We then identify and subscribe to a plausible defining goal of medicine taken from a recognised authority in the field. Then two representative, authoritative, definitions of sports medicine are discussed. It is then shown that acceptance of these definitions of sports medicine generates a problem in that if they are accepted, no necessary commitment to the defining goal of medicine is present within sports medicine. It seems to follow that sports medicine is not medicine. In the final part of the paper a critical response to that conclusion is presented and rebutted. The response is one which rejects the identification of the defining goal of medicine upon which our argument rests. (shrink)

It was reported in 2006 that a regime of ‘supervised self harm’ had been implemented at St George’s Hospital, Stafford. This involves patients with a history of self-harming behaviour being offered both emotional and practical support to enable them to do so. This support can extend to the provision of knives or razors to enable them to self-harm while they are being supervised by a nurse. This article discusses, and evaluates from an ethical perspective, three competing responses to self-harming behaviours: (...) to prevent it; to allow it; and to make provision for supervised self-harm. It is argued that of these three options the prevention strategy is the least plausible. A tentative conclusion is offered in support of supervised self-harm. (shrink)

A demonstration that you can prove a negative.

One of the most common views about self-deception ascribes contradictory beliefs to the self-deceiver. In this paper it is argued that this view (the contradiction strategy) is inconsistent with plausible common-sense principles of belief attribution. Other dubious assumptions made by contradiction strategists are also examined. It is concluded that the contradiction strategy is an inadequate account of self-deception. Two other well-known views — those of Robert Audi and Alfred Mele — are investigated and found wanting. A new theory of self-deception (...) relying on an extension of Mark Johnston's subintentional mental tropisms is proposed and defended. (shrink)

There are two main ways to understand unconditional love. I argue that one is impossible (i.e., no one could love that way) and the other is probably irrational. This has important consequences in a variety of domains. Social policies have been derided on the grounds that they undermine unconditional love, and it has been called "possibly the most valuable aspect of the Christian tradition". The works of Robert Nozick, Elizabeth Anderson, and Richard Taylor on this topic are examined and criticized.

The impact of social and material conditions on mental health is well established but lacking in a coherent approach. We offer the concept of ‘vitality’ as means of describing how environments facilitate ‘feelings of being alive’ that cut across existing diagnostic categories. Drawing on the work of Stern, Fuchs, Worms and Duff, we argue that vitality is not solely a quality of an individual body, but rather emerges from attunements and resonances between bodies and materials. We use vitality as a (...) lens to explore how movements within and between assembled sets of relations can facilitate or disable feelings and expressions of being alive. Building on extended discussions of both inpatient and community-based mental healthcare, we sketch out a research agenda for analysing ‘vital spaces’. (shrink)

This paper is a rejoinder to Robert Almeder's "On Reincarnation: A Reply to Hales". I argue that even if we stipulate the case studies of the reincarnationists to be good data, the explanatory hypothesis of reincarnation is a deus ex machina. Without a comprehensive scientific or philosophical theory of the mind that embeds the reincarnation hypothesis, the view should not be taken seriously. The fact that reincarnation is the first explanation of the case studies that comes to mind says more (...) about us and our culture than it does about which explanations are the most probable ones. (shrink)

This paper is an attempt to provide a critical evaluation of the theory of disability put forward by Lennart Nordenfelt. The paper is in five sections. The first sets out the main elements of Nordenfelt's theory. The second section elaborates the theory further, identifies a tension in the theory, and three kinds of problems for it. The tension derives from Nordenfelt's attempt to respect two important but conflicting constraints on a theory of health. The problems derive from characterisation of the (...) goals of persons; the difficulty which Nordenfelt has in respecting the plausible view that there is a distinction between illness and disability; and the presence in the theory of other strongly counter-intuitive implications. In section three a defence of Nordenfelt is attempted from within the resources available within his own theory. This defence seeks to exploit his distinctions between a person who is ill and one who is generally disabled and that between first- and second-order disabilities. However, it is concluded that there are insufficient resources within Nordenfelt's theory to fend off the criticisms developed in section two. The fourth section of the paper attempts a defence of Nordenfelt. It is claimed that introduction of the concept of capacity helps to explain differences between problem cases in the theory. Finally, it is shown that at least two important constraints on any theory of disability emerge from the preceding discussion. (shrink)

Variability of material properties in the shallow subsurface presents challenges for near-surface geophysical methods and exploration-scale applications. As the depth of investigation decreases, denser sampling is required, especially of the near offsets, to accurately characterize the shallow subsurface. We have developed a field data example using high-resolution shallow seismic reflection data to demonstrate how quickly near-surface properties can change over short distances and the effects on field data and processed sections. The addition of a relatively thin, 20 cm thick, low-velocity (...) layer can lead to masked reflections and an inability to map shallow reflectors. Short receiver intervals, on the order of 10 cm, were necessary to identify the cause of the diminished data quality and would have gone unknown using larger, more conventional station spacing. Combined analysis of first arrivals, surface waves, and reflections aided in determining the effects and extent of a low-velocity layer that inhibited the identification and constructive stacking of the reflection from a shallow water table using normal-moveout-based processing methods. Our results also highlight the benefits of using unprocessed gathers to pragmatically guide processing and interpretation of seismic data. (shrink)

vol. 28, nos. 1-4, 2001 empirical data-a large concession-belief in reincarnation is still unjustified.