The law of torts is concerned with the secondary obligations generated by the infringement of primary rights. This work seeks to show that this apparently simple proposition enables us to understand the law of torts as found in the common law. Using primarily English materials, but drawing heavily upon the law of other common law jurisdictions, Stevens seeks to give an account of the law of torts which relies upon the core material familiar to most students and practitioners with a (...) grasp of the law of torts. This material is drawn together in support of a single argument in a provocative and accessible style, and puts forward a new theoretical model for analysing the law of torts, providing an overarching framework for radically reconceiving the subject. (shrink)

It's often been said that Chomsky is to linguistics what Einstein is to physics. His 1957 treatise, Syntactic Structures, initiated the so-called Chomskyan Revolution; in that book, Chomsky proposed a new linguistic theory which defined language as an innate human faculty hard-wired into our brains. Consequently, in Chomsky's view, there is a kind of "universal grammar" underlying all languages. Imagine that an alien came to Earth and observed the way we humans communicate with each other. According to Chomsky, this alien (...) would perceive all languages on Earth as pretty much the same, with only superficial variations distinguishing, for example, English from Chinese. (shrink)

This paper reports the results of a pilot study of differences in ethical evaluations between business faculty and students at a Southern university. Data were collected from 137 business students (46 freshmen and 67 seniors) and 34 business faculty members. Significant differences were found in 7 of the 30 situations between freshmen and faculty and four situations between seniors and faculty. When the combined means for each group were tested, there was no significant difference in the means at the 0.05 (...) level of significance. A trend was revealed, however, in that the majority of the time faculty members were the most ethically oriented followed by seniors and then freshmen. (shrink)

This study sought to identify whether or not differences exist between the ethical decisions of male and female managers; and, if they do exist, to identify the areas in which differences occurred. An additional evaluation was conducted to determine how each perceived their counterpart would respond to the same ethical decision making situations.Data were collected from 50 male managers and 50 female managers by means of a self-administered questionnaire. Distinctive demographic characteristics were noted among the segments.

The Cell Cycle Ontology (CCO) has the aim to provide a 'one stop shop' for scientists interested in the biology of the cell cycle that would like to ask questions from a molecular and/or systems perspective: what are the genes, proteins, and so on involved in the regulation of cell division? How do they interact to produce the effects observed in the regulation of the cell cycle? To answer these questions, the CCO must integrate a large amount of knowledge from (...) diverse sources; the irregularity and incompleteness of this information suggests an ontology can act as the means of this integration. The volatility and continued expansion of biological knowledge means the content and modelling of the CCO will have to be frequently changed and updated. The CCO is generated from the input data automatically once every two months. This makes it easy to change the representation to enable certain queries; incorporate new knowledge; and consistently apply design patterns across the CCO. The automatic process also allows the CCO to be delivered in a variety of representations that suit the needs of various CCO customers and the abilities of existing toolsets. In this paper we present the CCO and its characteristics of utility and flexibility, that, from our perspective, make it a beautiful ontology. (shrink)

Empirical research pertaining to cardiopulmonary resuscitation (CPR), clinician behaviors related to do-not-resuscitate (DNR) orders and substituted judgment suggests potential contributions to medical ethics. Research quantifying the likelihood of surviving CPR points to the need for further philosophical analysis of the limitations of the patient autonomy in decision making, the nature and definition of medical futility, and the relationship between futility and professional standards. Research on DNR orders has identified barriers to the goal of patient involvement in these life and death (...) discussions. The initial data on surrogate decision making also points to the need for a reexamination of the moral basis for substituted judgment, the moral authority of proxy decision making and the second-order status of the best interests standard. These examples of empirical research suggest that an interplay between empirical research, ethical analysis and policy development may represent a new form of interdisciplinary scholarship to improve clinical medicine. (shrink)

Important features of the self-concept can be located outside of the individual and inside close or related others. The authors use this insight to reinterpret data previously said to support the empathy-altruism model of helping, which asserts that empathic concern for another results in selflessness and true altruism. That is, they argue that the conditions that lead to empathic concern also lead to a greater sense of self-other overlap, raising the possibility that helping under these conditions is not selfless but (...) is also directed toward the self. In 3 studies, the impact of empathic concern on willingness to help was eliminated when oneness--a measure of perceived self-other overlap--was considered. Path analyses revealed further that empathic concern increased helping only through its relation to perceived oneness, thereby throwing the empathy-altruism model into question. The authors suggest that empathic concern affects helping primarily as an emotional signal of oneness. (shrink)

Edith Stein’s life and thought intersect with many important movements of life and thought in the twentieth century. Through her life and eventual martyrdom, she gave witness to the primacy of truth and faith in the face of political totalitarianism, and in her philosophical works, she contributed to a synthesis of phenomenological thought with the thought of Thomas Aquinas and the living philosophy of Thomism, while also progressively advancing a compelling form of philosophical personalism. As a result, Stein represents one (...) of the most important Catholic thinkers of the twentieth century and is a figure of growing fascination and devotion among believers and nonbelievers alike. The Personalism of Edith Stein is an investigation of Stein’s mature philosophical anthropology, exploring her engagement with the thought of Aquinas and Thomism while maintaining the phenomenological mode of investigation. Through a careful examination of Stein’s later works under the themes of human nature, the human individual, and the human being’s relation to God, the author shows that Stein’s mature personalism is considerably expanded and substantiated by her assimilation of key anthropological and metaphysical teachings of Aquinas and Thomism, and, conversely, that Stein significantly develops and deepens these same teachings through a phenomenological reconsideration of each from a personalist perspective. As a whole, the study reveals the profound accord between Stein’s mature thought and the received teachings of Aquinas, while yet carefully attending to the remaining differences between them. Ultimately, the author proposes that Stein imbues the teachings of Aquinas with a fundamental personalization such that her mature anthropology can be understood as a Thomistically informed personalism which represents a significant, original contribution to the anthropological dimension of the philosophia perennis. (shrink)

The problem of human unity lies at the heart of Edith Stein’s investigation of the structure of human nature in her mature works. By examining her resolution of this problem in Der Aufbau der menschlichen Person and Endliches und ewiges Sein, I show how Stein incorporates two foundational teachings of Thomistic anthropology, namely, the substantial unity of the human being and the soul as form of the body, while reinterpreting the meaning of these teachings through performing a fresh phenomenological investigation. (...) Though this investigation leads Stein to propose a conceptually different explanation of human unity and bodily formation than that given by Aquinas, I argue that this conceptual difference should not be understood as if Stein and Aquinas stand squarely opposed on these important anthropological questions, but rather that Stein’s presentation lies in decisive continuity with the adopted teachings of Aquinas and represents an expanded conception of these teachings that also includes some contrast and disagreement. (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)

In her mature thought, Edith Stein presents a philosophy that is positively Christian and specifically Catholic. The rationale behind her presentation rests upon three interplaying factors: the nature of philosophy; the nature and state of finite creatures in relation to God; and the meaning of being a Christian. Stein maintains that given the essential imperfection and natural limitation of philosophy as a human science, philosophy lies interiorly open for its elevation and completion through its supplementation by the supernatural contents of (...) Revelation, yet in such a way that it retains its proper philosophical character precisely as determined by its specific object domain appropriately investigated. In this paper, I critically examine this provocative proposal of Stein by setting it in contrast to “the Thomistic solution” of Jacques Maritain, upon which Stein’s solution to the question foundationally relies, and thereby intend to manifest its basic significance while simultaneously assessing its philosophical validity. (shrink)

Throughout her entire philosophical corpus Edith Stein shows a concerted effort to reach a comprehensive understanding of the human being as individual. In this paper, I examine the question of how knowledge of the being-individual and qualitative individuality of the human being is attained, as it is found presented by Stein in her most mature philosophical work, Endliches und ewiges Sein. After briefly considering Stein’s understanding of consciousness and intentionality, I detail Stein’s own investigation of the manner the human being (...) attains primordial knowledge of the being-individual and qualitative individuality of the self as a spiritual and personal I, through the inherently distinct and distinguishable experiences of the I as given in conscious experiences and intentional acts. In this way, I show how Stein, in contradistinction to Aquinas, who accounts for material individuation through designated matter, understands the being-individual and qualitative individuality of the human being to be ultimately rooted in the spiritual and personal I, whereby the human being is given as a personal πρώτη οὐσία, a unity that is in itself undivided and distinct from all else, and absolutely incommunicable to another. Finally, I show in what way Stein maintains that the qualitative individuality of the human being, though humanly knowable, is uniquely determined in such a way that it is not conceptually graspable and humanly knowable, and, therefore, is something properly ineffable. (shrink)

This timely anthology gathers forty historical and contemporary readings edited for accessibility. Short introductions precede each reading and a general introduction increase student comprehension across the spectrum of readings. The volume is ideal for all levels of students in civics, political theory, and philosophy courses.

An important part of our Theory of Mind—the ability to reason about other people's unobservable mental states—is the ability to attribute false beliefs to others. We investigated whether processing these false beliefs, as well as similar but nonmental representations, is reliant on language. Participants watched videos in which a protagonist hides a gift and either takes a photo of it or writes a text about its location before a second person inadvertently moves the present to a different location, thereby rendering (...) the belief and either the photo or text false. At the same time, participants performed either a concurrent verbal interference task (rehearsing strings of digits) or a visual interference task (remembering a visual pattern). Results showed that performance on false belief trials did not decline under verbal interference relative to visual interference. We interpret these findings as further support for the view that language does not form an essential part of the process of reasoning online (“in the moment”) about false beliefs. (shrink)

The concept of anxiety has long held a central place in psychoanalytic theories of mind and treatment. Yet, in recent years, data from the neurosciences and from pharmacological studies have posed a compelling challenge to psychoanalytic models of anxiety. One major outcome of these studies is the realization that anxiety both organizes and disorganizes, that it can be both symptom and signal. In _Anxiety as Symptom and Signal_, editors Steven Roose and Robert Glick have brought together distinguished contributors (...) to address these different dimensions of anxiety. A section of original papers on "Anxiety as Symptom" covers evolutionary, neuroanatomical, genetic, and developmental perspectives. A complementary section on "Anxiety as Signal" focuses on the meanings and functions of anxiety in the clinical process; contributions address anxiety in its ego-psychological, intersubjective, and relational dimensions. The illuminating, readable collection will broaden clinicians' awareness of the diverse research findings that now inform our understanding of anxiety. No less importantly, it will deepen their appreciation of the richly variegated ways that anxiety can shape, and be shaped by, the clinical process. (shrink)

Among contemporary Christian thinkers the figure of Edith Stein looms large, both because of her remarkable life as a Jewish convert and Christian martyr, and because of her uncommon philosophical journey from phenomenology to metaphysics—without leaving phenomenology behind. In The Living Philosophy of the Edith Stein, marshaling resources of psychology, Peter Tyler provides a novel guide through Stein’s life and thought by drawing her into dialogue with Friedrich Nietzsche, Sigmund Freud, Carl Jung, and Ludwig Wittgenstein, among others.

Moving beyond the work of Rawls and his critics, this concise collection contains critical essays in contemporary political philosophy. All have been chosen for their importance and accessibility, and some have been edited by their authors for inclusion in this work. Political Philosophy in the Twenty-First Century covers five main topics: equality, justice, liberty, democracy, and human rights. To assist readers, the editors have also provided section introduction and study questions as well as an overall introduction explaining the background to (...) contemporary work in political philosophy. Beginning where most other anthologies in political philosophy conclude, this book can be used alone or in conjunction with any collection of historical sources. (shrink)

100+ logical, both formal and informal, fallacies explained and illustrated by important and famous arguments made in the history of philosophy.

Addressing arguments that comparative philosophy is itself impossible, or that it is indistinguishable from philosophy more generally, this collection challenges myopic understandings of comparative method and encourages a more informed consideration. Bringing together a wide variety of methodological options, it features scholars spread across the globe representing multiple philosophical traditions. From the beginnings of comparative philosophy in the 19th century to present-day proposals for more global philosophy departments, every chapter serves as a viable methodological alternative for any would-be philosophical comparativist. (...) With contributions from leading comparativists that are both distinctive in their method and explicit about its application, this valuable resource challenges and enriches the awareness and sensitivity of the beginning comparativist and seasoned veteran alike. (shrink)

This article presents the case of an HIV-positive client who reported having sexual relations with an unknowing partner. The issue raised is whether the therapist was required to warn the unknowing partner, similar to the Tarasoff mandate that is imposed on therapists. The case is analyzed from an ethical framework similar to that presented by Beauchamp and Childress. Two opinions are presented, each leading to different conclusions about whether the therapist should inform the unknowing partner. It is concluded that although (...) such analysis is valuable in aiding the therapist in his or her decision-making process, no clear professional standard for the management of the problem is evident. (shrink)

When do descriptive regularities become prescriptive norms? We examined children's and adults' use of group regularities to make prescriptive judgments, employing novel groups that engaged in morally neutral behaviors. Participants were introduced to conforming or non-conforming individuals. Children negatively evaluated non-conformity, with negative evaluations declining with age. These effects were replicable across competitive and cooperative intergroup contexts and stemmed from reasoning about group regularities rather than reasoning about individual regularities. These data provide new insights into children's group concepts and have (...) important implications for understanding the development of stereotyping and norm enforcement. (shrink)