Jurisprudence -- Law -- Laws as rules of human action -- Positive law -- The sources of law -- The object of law -- Rights -- Analysis of a right -- The leading classifications of rights -- Rights at rest in motion --Private law : rights in rem -- Private law : rights in personam --Private law : remedial rights -- Private law : abnormal -- Private law : adjective -- Public law -- International law -- The application of law.

Environmental ethicists have frequently criticized ancient Greek philosophy as anti-environmental for a view of philosophy that is counterproductive to environmental ethics and a view of the world that puts nature at the disposal of people. This provocative collection of original essays reexamines the views of nature and ecology found in the thought of Plato, Aristotle, the Stoics, and Plotinus. Recognizing that these thinkers were not confronted with the environmental degradation that threatens contemporary philosophers, the contributors to this book find that (...) the Greeks nevertheless provide an excellent foundation for a sound theory of environmentalism. (shrink)

The fifteen essays in this volume, rooted in the work of the Hellenistic Moral Philosophy and Early Christianity Section of the SBL, examine the works of Philodemus and how they illuminate the cultural context of early Christianity. Born in Gadara in Syria, Philodemus (ca. 110-40 BCE) was active in Italy as an Epicurean philosopher and poet. This volume comprises three parts; the first deals with Philodemus' works in their own terms, the second situates his thought within its larger Greco-Roman context, (...) and the third explores the implications of his work for understanding the earliest Christians, especially Paul. It will be useful to all readers interested in Hellenistic philosophy and rhetoric as well as Second Temple Judaism and early Christianity. (shrink)

Safe stair negotiation is an everyday task that children with developmental coordination disorder are commonly thought to struggle with. Yet, there is currently a paucity of research supporting these claims. We investigated the visuomotor control strategies underpinning stair negotiation in children with and without DCD by measuring kinematics, gaze behavior and state anxiety as they ascended and descended a staircase. A questionnaire was administered to determine parents' confidence in their child's ability to safely navigate stairs and their child's fall history. (...) Kinematics were measured using three-dimensional motion capture, whilst gaze was measured using mobile eye-tracking equipment. The parents of DCD children reported significantly lower confidence in their child's ability to maintain balance on the stairs and significantly more stair-related falls in the previous year compared to the parents of typically developing children. During both stair ascent and stair descent, the children with DCD took longer to ascend/descend the staircase and displayed greater handrail use, reflecting a more cautious stair negotiation strategy. No differences were observed between groups in their margin of stability, but the DCD children exhibited significantly greater variability in their foot-clearances over the step edge, which may increase the risk of a fall. For stair descent only, the DCD children reported significantly higher levels of state anxiety than the TD children and looked significantly further along the staircase during the initial entry phase, suggesting an anxiety-related response that may bias gaze toward the planning of future stepping actions over the accurate execution of an ongoing step. Taken together, our findings provide the first quantifiable evidence that safe stair negotiation is a significant challenge for children with DCD, and that this challenge is reflected by marked differences in their visuomotor control strategies and state anxiety levels. Whilst it is currently unclear whether these differences are contributing to the frequency of stair-related falls in children with DCD, our findings pave the way for future research to answer these important questions. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Kennedy Institute of Ethics Journal 11.3 (2001) 219-220 [Access article in PDF] Introduction In the last couple of decades,commodification has become almost a buzz-word in bioethics. As we become technically more adept at detaching elements of human bodies and making use of them for others, it seems as if more and more things-from motherhood to gametes to kidneys to our very DNA-can be borrowed, rented, bought, and sold. Other (...) technology allows us unprecedented influence over the characteristics of our offspring (unprecedented, that is, if we ignore the many cultures in which children were and are routinely discarded because they are the wrong sex, disabled, or the product of multiple births). It is common, for example, for writers to worry that the availability of pre-implantation genetic diagnosis will seduce parents into thinking of their children as commodities, to be ordered in much the same way as automobiles, with the inevitable concomitant that they will want to "return" children who do not measure up to their specifications.Unfortunately, a great deal of the talk about "commodification" has been clumsy and sloppy. The term has been used as a magic bullet, as if saying "But that's commodification!" is the same as having made an argument. In fact, commodification of human persons, human bodies, human labor, human relationships, is a complex matter. In many human dealings, commodified and noncommodified understandings of the same thing, or the same transaction, exist more or less comfortably together. Most Westerners condemn commercial sex, for example, while at the same time knowing that in most times and places in the world, marriage was and is thought of as primarily an economic relationship. The common use of "cheap" in post-World War II American slang to describe a teenage woman who is more sexually available than her peers perfectly captures the market rhetoric inherent in respectable American sexual mores.Given this complexity, it is not surprising that many writers in bioethics have gravitated to the work of Margaret Jane Radin. In her two books, Contested Commodities (Harvard University Press, 1996) and Reinterpreting Property (University of Chicago Press, 1993), and many articles, [End Page 219] Radin has taken on the problem of commodification without falling into either sentimentality or cynicism. She is a careful thinker and a careful (and demanding!) writer. We have long valued her work as we have sought to grapple with the many ways in which the problem of commodification arises in bioethics. In this issue of the Kennedy Institute of Ethics Journal, entitled "Who's Afraid of Commodification?," we have asked three colleagues to join us in reflecting on aspects of the problem of commodification in bioethics. We are especially delighted that Radin agreed to respond to our efforts in this direction.Lisa Sowle Cahill takes the discussion of commodification to a new level, as she focuses on global ethics, especially genetic research and the marketing and accessibility of pharmaceuticals. Dena S. Davis explores the debates over refusal of treatment and rational suicide and concludes that to put a value on particular pieces of one's lifespan does not necessarily lead to negative aspects of commodification. Ronald M. Green analyzes Radin's use of Kant. Suzanne Holland addresses commodification of body parts, from gametes to cadaveric tissue, and concludes with some specific recommendations. Thomas A. Shannon takes a fresh look at the problem of whether we should allow the sale of organs; he shares with Holland a special concern for the rhetoric of commodification. Finally, Margaret Jane Radin responds to the preceding essays, asking four "stubbornly difficult" questions, questions that show that the debate about commodification is only just begun. Dena S. Davis and Suzanne Holland... (shrink)

The structure of traditional fiction is essentially linear or serial. No matter how complex a given work may be, it presents information to its reader successively, one element at a time, in a sequence determined by its author. By contrast, interactive fiction is parallel in structure or, more accurately, dendritic or tree-shaped. Not one, but several possible courses of action are open to the reader. Further, which one actually happens depends largely, though not exclusively, upon the reader’s own choices. To (...) be sure, the author is still in overall control, since it is she who has set up the particular nexus of events, but the route up the narrative tree, the actual sequence of events, is generally affected, if not completely determined, by the reader’s responses to that particular reader’s specific situation. In an adventure, the sequence of action frequently depends upon the reader’s decision to go in one geographical direction rather than another. In the eliza sample, the content of the “story” depends on such particulars as whether this reader has a brother or not, whether she fears her father, and why she has consulted the terminal. In general, the text presented to the eliza-reader depends on what that reader has already said and how the computer has interpreted and stored it, and this is generally true of interactive fiction.Further, interactive fiction is, in principle , open-ended—infinite. A conversation with eliza could go on for as long as one with Woody Allen’s psychoanalyst—in principle, forever. It has no necessary terminus. The program will go one writing texts and answers on the screen as long as the reader or player chooses to supply responses. Further, the computer can act as a metafictional narrator like John Barth or Thomas Pynchon who can create a story within a story or a story that generates another story within itself which generates another story within itself and so on, fictions dizzying and dazzling. One senses one’s essential humanity wobbling in the midst of the infinite paradoxes of existence and meaning. Anthony J. Niesz, assistant professor of German at Yale University, is the author of Dramaturgy in German Drama: From Gryphius to Goethe . He is interested in the phenomenon of the meta-theater, especially in seventeenth- and eighteenth-century German drama, as well as in the literature and cultural policies of the German Democratic Republic. Norman N. Holland is Milbauer Eminent Scholar at the University of Florida. He is the author of Laughing and The I. (shrink)

_Arguing About Bioethics_ is a fresh and exciting collection of essential readings in bioethics, offering a comprehensive introduction to and overview of the field. Influential contributions from established philosophers and bioethicists, such as Peter Singer, Thomas Nagel, Judith Jarvis Thomson and Michael Sandel, are combined with the best recent work in the subject. Organised into clear sections, readings have been chosen that engage with one another, and often take opposing views on the same question, helping students get to grips (...) with the key areas of debate. All the core issues in bioethics are covered, alongside new controversies that are emerging in the field, including: embryo research selecting children and enhancing humans human cloning using animals for medical purposes organ donation consent and autonomy public health ethics resource allocation developing world bioethics assisted suicide. Each extract selected is clear, stimulating and free from unnecessary jargon. The editor’s accessible and engaging section introductions make _Arguing About Bioethics_ ideal for those studying bioethics for the first time, while more advanced readers will be challenged by the rigorous and thought-provoking arguments presented in the readings. (shrink)

. Many Christian theologians have proposed a universal knowledge of God implanted in all humans. Thomas Aquinas famously stated that all humans have some knowledge of God, confused though it may be. John Calvin developed this proposition in much more detail and concluded that there is a cognitive faculty in humans, the sensus divinitatis, committed to giving the cognizer knowledge of God. Independent of such theological concerns, a current movement in cognitive science proposes a radical change to the traditional (...) boundaries drawn around the human mind. Proponents of mental extension, such as Andy Clark, argue that the mind extends well beyond the body and should be approached in a much broader conceptual analysis. This essay arises from the conviction that the Extended Mind framework offers new insights into developing a cognitive understanding of the sensus divinitatis. Drawing in equal parts on current arguments for mental extension and the sensus divinitatis, the essay establishes the compatibility between the two arguments and indicates how an integration of the two can yield significant benefits for both mental extension and the sensus divinitatis: the basing of the sensus divinitatis in a specific cognitive theory that offers explanations of its functions, and the introduction of theism to the EM argument as a potentially useful component in a collaborative cognitive science effort. (shrink)

This letter responds to the article “On the Authority of Advance Euthanasia Directives for People with Severe Dementia: Reflections on a Dutch Case,” by Henri Wijsbek and Thomas Nys, in the September‐October 2022 issue of the Hastings Center Report.

According to the presumption of atheism, we are to presume disbelief unless agnosticism or theism can be adequately defended. In this paper I will defend the presumption of atheism against a popular objection made by Thomas Morris and elucidate an insuperable difficulty for any attempt to argue for a presumption of agnosticism.

Evaluating public health measures is one of the central tasks in public health ethics. Some public health measures incur the charge that they are paternalistic in an objectionable way. In a recent intriguing contribution to this journal, Thomas Nys responds to this complaint by setting out three challenges to be met if the charge is to be made good. The first challenge is that putatively objectionable public health measures in fact preserve autonomy; the second is that autonomy is not (...) undermined by measures that are the upshot of democratic processes; the third is that it is a mistake to charge measures intended to benefit others with being objectionably paternalistic. Nys's explicit aim in presenting these challenges is not to show that the charge of paternalism in public health is never sound, but to stimulate further discussion. My paper takes up this invitation by responding to each of the challenges Nys presents, including discussing where they fail and identifying which succeed. (shrink)

According to Stephen Holland, the challenges I mention in my original paper can be met, so that, in a way, the problem of paternalism in public health care—which I intended to put into perspective by drawing out some possible justifications for it—returns in all its might and glory. But of course, as Holland observes, I never suggested that my challenges could never be met. I only wanted to point out that for each and every particular public health policy (...) that should come to our attention we should reflect upon these challenges and see whether they could provide reasons for justification. I believe that the discussion is often stalled because these measures—in the absence of individual consent and in their aim to benefit the public's ‘best interests’—seem to be paternalist by default. In my paper, I wanted to call this assumption into question, but never intended to prove that there is no such thing as unjustified paternalism in public health care. Nevertheless, Holland's criticism is very insightful and he has done a lot to clarify my position. However, he also puts me on the spot by urging me to argue to what extent I can meet his rebuttal, and I am very grateful for that opportunity. (shrink)

This essay introduces a cluster of articles titled “Devalued Currency: An Elegiac Symposium on Paradigm Shifts.” Eagleton's piece addresses, from a perspective indebted to Walter Benjamin, the notion of Thomas Kuhn that “shifts” in the controlling paradigms of disciplines and practices are entirely transformative not only of their futures but also of their pasts. Benjamin argued that a work of art is a set of potentials that may or may not be realized in the vicissitudes of its afterlife. The (...) true significance of works might be said, therefore, to emerge only after some as-yet-unexpected event or upheaval makes their significance apparent. In this sense, we might argue that historical events make full sense only in the light of “judgment day”; until then, history remains an incoherent chronicle. But the totality that will one day be revealed cannot be anticipated. The past is open-ended because the present is, and meanwhile, the meaning of history is in our hands to change. Since we have that power, Eagleton suggests that we recycle figures of the past as characters in a comedy rather than tragedy. Still, it is never possible to say which figures of the past and which works are ultimately important and which are not, because we cannot say which mutations will result in major developments to come. No work or person is important or peripheral in itself or himself; it is the critic and historian who render them so. (shrink)

Contributing to the cultural ecosystem services literature, this paper draws on the in-depth place narratives of two coastal case-study sites in Wales (UK) to explore how people experience and understand landscape change in relation to their sense of place, and what this means for their wellbeing. Our place narratives reveal that participants understand coastal/intertidal landscapes as complex socio-ecological systems filled with competing legitimate claims that are difficult to manage. Such insights suggest that a focus on diachronic integrity (Holland and (...) O'Neill 1996) within place narratives might offer a route to more socially and culturally acceptable environmental management strategies. (shrink)

A dozen papers by internationally known scholars explore questions largely unthinkable without Richard Watson's classic Downfall of Cartesianism: Descartes in Holland, Descartes and Simon Foucher, and issues raised by Descartes for philosophy of mind, philosophy of science, translation and toleration.

The four coauthors describe the twenty-five-year history of efforts of the Council of Learned Societies in Education (CLSE) to represent the interests of the social foundations of education in the National Council for Accreditation of Teacher Education (NCATE), including the evolution of CLSE into the Council for the Social Foundations of Education and its recent departure from NCATE after a quarter century of successful involvement. The coauthors, each personally supportive of foundational involvement in national accreditation, delineate advantages gained by both (...) CLSE and NCATE during the quarter century of involvement, while also describing concerns and arguments that have led to the current disassociation of the Council for Social Foundations of Education (CSFE) fromNCATE. The article concludes with suggestions for the future and the coauthors' hope that this history and chronicle will provide incentive for reinvolvement of the foundations in national accreditation circles. (shrink)

SummaryIn the present article it is argued that Pieter de la Court's Political Maxims of the State of Holland presented a remarkably consistent grand strategy for Holland in relation to its Dutch allies and the European powers. I present an outline of this strategy, which was built around the accomplishment and defence of commercial goals; I sketch a historical context that takes into account the general historical shift from tribute-taking agrarian societies towards commercial wealth-generating polities, and also the (...) violent contemporary military and ideological background against which De la Court's strategy stands out; I argue that his strategy can be understood by his use of three basic game theoretic concepts ; and I stress the distinctive character of De la Court's work, by comparing the practical and strategic use of these concepts in the Maxims with the function of the same concepts in the philosophical contract theories of Thomas Hobbes and Benedict de Spinoza. (shrink)

This book provides opportunities for candidates in teacher education programs, which focus on nurturing and assessing dispositions, to see the habits of mind for making professional conduct more intelligent, practice them, and receive feedback about their performance.

Determining who, or indeed what, is to respond to prescriptions for action in cases of international crisis is a critical endeavor. Without such an allocation of responsibilities, calls to action–whether to protect the environment or to rescue distant strangers–lack specified agents, and, therefore, any meaningful indication of how they might be met. A fundamental step in arriving at this distribution of duties is identifying moral agents in international relations, or, in other words, identifying those bodies that can deliberate and act (...) and thereby respond to ethical guidelines. Often, the most effective and relevant moral agents in international relations are not individuals but institutions. However, it is necessary to qualify any claim that institutions can bear duties in international relations. Not only must they possess capacities for decision-making and purposive action, they must also enjoy the conditions under which specific duties can be discharged. The importance of this latter stipulation can be usefully illustrated by examining the disparate circumstances within which states–those that exercise positive sovereignty and those that are sovereign only in name–are expected to act. (shrink)

“Coalition of the willing” is a phrase that we hear invoked with frequency in world politics. Significantly, it is generally accompanied by claims to moral responsibility. Yet the label commonly used to connote a temporary, purpose-driven, self-selected collection of states sits uneasily alongside these assertions of moral responsibility.This article explores how the informal nature of such associations should inform judgments of moral responsibility. I begin by briefly recounting what I call a model of institutional moral agency in order to explain (...) why it seems theoretically and practically problematic to talk about the moral responsibilities of informal associations. I then focus on coalitions of the willing as prominent, and challenging, examples of such associations, before raising misgivings about my own rather stark distinction if it means that accounts of moral responsibility must be reduced to the members—or potential members—of such coalitions in a way that neglects the moral significance of their acting together. Prompted by these concerns, I explore arguments by Virginia Held and Larry May about moral responsibility in relation to informal associations and identify insights that can be taken from these positions to refine our expectations and evaluations of the actions associated with such collectivities. Finally, I consider the particular implications of these insights in relation to the widely espoused duty to intervene to rescue vulnerable populations. (shrink)

Institutions can be assigned duties, and thus can also be blamed for failing to discharge them. But how can we respond to this type of failure? Punishment is a prominent and problematic response to institutional delinquency.

Participants were asked to carry out a series of simple tasks while following mental control instructions. In advance of each task, they either suppressed thoughts of their intention to perform the task, concentrated on such thoughts, or monitored their thoughts without trying to change them. Suppression resulted in reduced reports of intentionality as compared to monitoring, and as compared to concentration. There was a weak trend for suppression to enhance reported intentionality for a repetition of the action carried out after (...) suppression instructions had been discontinued. (shrink)

ABSTRACT Because of the existence of severely defective humans it is commonly held that whatever consideration is due to all humans is also due to many other animals, and that therefore speciesism, or the readiness to prefer the interest of humans to those of other animals, is unjustified. After criticism of this reasoning a ‘naturalised’ speciesism, acknowledging, for example, the affinities between species, is articulated and defended. A key to this defence is the separation of the task of specifying morally (...) significant differences between humans and other animals from the task of justifying the extension of consideration to defective humans. The conclusion is that more traditional vices than speciesism are chiefly to blame for the shabby treatment of animals by humans. (shrink)