The title of McClain’s book suggests that its theme is Plato’s seeming Pythagoreanism; yet it contains no commentary on the Philebus or the Phaedo. Its subtitle suggests that the theme is rather the five mathematical disciplines which may constitute a propaedeutic to dialectic ; yet it contains almost no account of the first four, and little account of the fifth as propaedeutic in this way. McClain’s book is rather an "adventure in musical imagination" whose proximate aim is a detailed and (...) coherent display of Plato’s musical imagination. (shrink)

How is it possible that a thing singled out not exist? How is it possible that two things singled out be numerically identical? How is one to understand the relationship between, say, a quality of a thing and what this quality is? And how is one to understand the relation between this quality and the thing which happens to be thus qualified? Trying to answer these four questions involves investigation of the four senses of the verb "to be," or of (...) the concepts of existence, identity, essential and accidental predication. Butchvarov’s thesis is that these four questions admit of a common answer, that the cornerstone of this comprehensive theory is an answer to the second question, and that this crucial answer depends on making some such distinction as his between "objects" and "entities." The bare bones of his argument are these: We commonly make statements of the form "a is b" where "a" and "b" are used referringly. A "material identity" statement of this form may be true. If true, it is about one thing; yet what it is about appears to be distinct things. This distinctness is not a real distinction among existents, nor does it arise solely or primarily from features of language. Butchvarov’s account is based on a distinction "of reason" between objects and entities. An entity is an existent, a constituent of the world. An object is whatever can be singled out once, and only once, in perception or imagination or in "thought". Entities as such cannot be singled out, yet they may be recognized through applications of a conceptual apparatus to objects. A material identity statement, then, states that two objects are one entity. If true, it is both about two distinct objects and about the one entity which each is. When two objects are judged to be one entity, then indiscernibility is enforced. Seeming counterexamples to the indiscernibility of identicals are explained in terms of the distinction between objects and entities. Though some applications of the concept of identity are relative to sortal characteristics, others are not. The latter are prior to the former. These primary judgments constitute the backbone of "thought" and discourse. They are governed by impersonal, nonhuman "paradigms." There are entities, of course; and there are objects, though as objects none exists. Some objects are entities, some are not. The notion of existence, like the notion of identity in its material role, is then a principle of classification, a concept. Butchvarov examines nine objections to this claim, and elaborates his distinction between objects and entities. He concludes that identifiability, hence indefinite reidentifiability, is the logically sufficient condition of applicability of the concept of existence. A statement such as "Socrates is white" is a disguised conjunction, viz., "Socrates has this color, and this color is white." The second conjunct is an "essential" statement; it says of an object singled out that it is a certain entity; or, to allow for essences of nonexistent objects, it states what entity the object would be were it an entity. An essential statement is not a material identity statement, for only one of its terms is used referringly. The essence of an object is not a property of it, for it is what the object is or would be. Whereas logically prior consciousness of objects is intentional and non-conceptual, consciousness of entities is conceptual and nonintentional; it consists in recognizing that a thing can be identified by oneself or by others. What is accidentally white, say, cannot be a material substance or bare particular; therefore it is a "cluster" of qualities. The Resemblance Theory, according to which qualities are particulars, is not a coherent alternative to the Identity Theory; therefore the qualities an individual happens to have are themselves universals. The Bradleyan critique of ontological atomism is cogent; therefore an individual is a cluster of qualities each of which depends for its "formal identity" on its being together with the rest. An individual’s having qualities is then to be understood in terms of the necessary togetherness of the qualities constitutive of it. Since in addition each of these qualities is essentially a universal, and specific universals are contingently coinstantiated, the predication in question is properly regarded as accidental. The problem of identifying quality-clusters through space and time is discussed. (shrink)

In order to secure ethical relevance for phenomenology, Peter Dabrock proposes a synthesis with a Kantian rational ethic. The theological question thus arises concerning the tenability of such a synthesis and the acceptability of the corresponding translation of Protestant anthropology into the language of philosophy. Dabrock argues that man's character as an image of god, understood in the context of a theology of justification, can be translated into the philosophical concept of incarnate reason. Even if the concept of incarnate reason (...) sounds plausible in view of foundational theology and anthropology, its contribution to a foundation for material ethics is very limited because the body itself however has no normative impact when it comes to deciding about the ethical acceptability of concrete medical interventions. Thus, the constitutive significance of our being embodied becomes ethically relevant only insofar as that significance is integrated into a moral philosophical or theological ethical framework theory. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Books ReceivedThe Ambitions of Curiosity: Understanding the World in Ancient Greece and China. By G.E.R. Lloyd. Cambridge: Cambridge University Press, 2002. Pp. xvi + 175. Price not given.The Art of the Han Essay: Wang Fu's Ch'ien-Fu Lun. By Anne Behnke Kinney. Tempe: Center for Asian Studies, Arizona State University, 1990. Pp. xi + 154. Paper $10.00.The Autobiography of Jamgön Kongtrul: A Gem of Many Colors. By Jamgön Kongtrul Lodrön (...) Thayé and translated by Richard Barron (Chökyi Nyima). Ithaca, New York: Snow Lion Publications, 2003. Pp. xxii + 549. Price not given.Awesome Nightfall: The Life, Times, and Poetry of Saigyō. By William R. LaFleur. Boston: Wisdom Publications, 2003. Pp. xiii + 173. Paper $14.95.Becoming the Compassion Buddha: Tantric Mahamudra for Everyday Life. By Lama Thubten Yeshe, edited by Robina Courtin, and foreword by Geshe Lhundub Sopa. Boston: Wisdom Publications, 2003. Pp. xi + 194. Paper $14.95.Between Two Worlds East and West: An Autobiography. By J. N. Mohanty. New Delhi: Oxford University Press, 2002. Pp. ix + 134. Hardcover RS 525.00.The Chinese Face of Jesus Christ. Edited by Roman Malek, S.V.D. Sankt Augustin, Germany: Institut Monumenta Serica and China-Zentrum; and Nettetal, Germany: Steyler Verlag, 2002. Pp. 391. EUR 40.00.Chinese Medicine in Contemporary China: Plurality and Synthesis. By Volker Scheid. Durham and London: Duke University Press, 2002. Pp. xiv + 407. Hardcover $69.95. Paper $23.95.Confucian Feminist: Memoirs of Zeng Baosun (1893-1978). Translated and adapted by Thomas L. Kennedy. Philadelphia: American Philosophical Society, 2002. Pp. xxi + 170. Price not given.Consciousness Studies: Cross-Cultural Perspectives. By K. Ramakrishna Rao. Jefferson (North Carolina) and London: McFarland and Company, 2002. Pp. 367. Hardcover $65.00.Constituting Communities: Theravāda Buddhism and the Religious Cultures of South and Southeast Asia. Edited by John Clifford Holt, Jacob N. Kinnard, and Jonathan S. Walters. Albany: State University of New York Press, 2003. Pp. viii + 224. Hardcover $65.50. Paper $21.95.Developments in Indian Philosophy from Eighteenth Century Onwards: Classical and Western. By Daya Krishna. Volume X Part 1 of History of Science, Philosophy and Culture in Indian Civilization, edited by D. P. Chattopadhyaya. New [End Page 110] Delhi: Centre for Studies in Civilizations, 2001. Pp. xxiii + 417. Hardcover RS 1200.East and West: Identità e dialogo interculturale. By Giangiorgio Pasqualotto. Venezia: Marsilo Editori, 2003. Pp. 210. EUR 16.00.Effortless Action: Wu-wei as Conceptual Metaphor and Spiritual Ideal in Early China. By Edward Slingerland. New York: Oxford University Press, 2003. Pp. xii + 352. Price not given.Encountering Kā lī: In the Margins, at the Center, in the West. Edited by Rachel Fell McDermott and Jeffrey J. Kripal. Berkeley and Los Angeles: University of California Press, 2003. Pp. xviii + 321. Hardcover $55.00, £37.95. Paper $21.95, £15.95.Encyclopedia of Chinese Philosophy. Edited by Antonio S. Cua. New York and London: Routledge, 2003. Pp. xx + 1020. Hardcover $150.00.Essays on Indian Philosophy. By J. N. Mohanty and edited by Purushottama Bilimoria. New Delhi: Oxford University Press, 2002. Pp. xxxvii + 347. Paper RS 525.00.Faith, Humor, and Paradox. By Ignacio L. Götz. Westport, Connecticut: Praeger Publishers, 2002. Pp. 136. Hardcover $61.95.Four Illusions: Candrakīrti's Advice for Travelers on the Bodhisattva Path. Translated by Karen C. Lang. New York: Oxford University Press, 2003. Pp. xv + 240. Price not given.The Great Awakening: A Buddhist Social Theory. By David R. Loy. Boston: Wisdom Publications, 2003. Pp. 223. Paper $16.95.The Hidden History of The Tibetan Book of the Dead. By Bryan J. Cuevas. New York: Oxford University Press, 2003. Pp. xi + 328. Price not given.Huang Di nei jing su wen: Nature, Knowledge, Imagery in an Ancient Chinese Medical Text. By Paul U. Unschuld. Berkeley and Los Angeles: University of California Press, 2003. Pp. xii + 520. Hardcover $75.00, £52.00.In Dewey's Wake: Unfinished Work of Pragmatic Reconstruction. Edited by William J. Gavin. Albany: State University of New York Press, 2003. Pp. vi + 249. Hardcover $71.50. Paper $23.95.Knowledge and Freedom in Indian Philosophy. By Tara Chatterjea. Lanham, Maryland: Lexington Books, 2002. Pp. xvi + 159. Hardcover... (shrink)

Drawing upon Hannah Arendt's and Carl Schmitt's theories on the relationship between nomos and boundary, this paper revisits how constitutionalism and political power are reconciled as constitutional ordering. It first analyzes constitutionalism in the light of political modernity. Indicating that political power grounded by constitutions is omnipotent, complementing and completing constitutionalism, the paper contends that an omnipotent constitutional ordering is anything but an unleashed Leviathan. It is argued that constitutional omnipotence is framed and thus constrained by a constitutional nomos, the (...) matrix of which is a dual delimitation of boundaries, generational, and jurisdictional. (shrink)

The increasing global demand for energy necessitates devoted attention to the formulation and exploration of mechanisms of thermal heat exchangers to explore and save heat energy. Thus, innovative thermal transport fluids require to boost thermal conductivity and heat flow features to upsurge convection heat rate, and nanofluids have been effectively employed as standard heat transfer fluids. With such intention, herein, we formulated and developed the constitutive flow laws by utilizing the Rossland diffusion approximation and Stephen’s law along with the MHD (...) effect. The mathematical formulation is based on boundary layer theory pioneered by Prandtl. Governing nonlinear partial differential flow equations are changed to ODEs via the implementation of the similarity variables. A well-known computational algorithm BVPh2 has been utilized for the solution of the nonlinear system of ODEs. The consequence of innumerable physical parameters on flow field, thermal distribution, and solutal field, such as magnetic field, Lewis number, velocity parameter, Prandtl number, drag force, Nusselt number, and Sherwood number, is plotted via graphs. Finally, numerical consequences are compared with the homotopic solution as a limiting case, and an exceptional agreement is found. (shrink)

In some languages every statement must contain a specification of the type of evidence on which it is based: for example, whether the speaker saw it, or heard it, or inferred it from indirect evidence, or learnt it from someone else. This grammatical reference to information source is called 'evidentiality', and is one of the least described grammatical categories. Evidentiality systems differ in how complex they are: some distinguish just two terms (eyewitness and noneyewitness, or reported and everything else), while (...) others have six or even more terms. Evidentiality is a category in its own right, and not a subcategory of epistemic or some other modality, nor of tense-aspect. Every language has some way of referring to the source of information, but not every language has grammatical evidentiality. In English expressions such as I guess, they say, I hear that, the alleged are not obligatory and do not constitute a grammatical system. Similar expressions in other languages may provide historical sources for evidentials. True evidentials, by contrast, form a grammatical system. In the North Arawak language Tariana an expression such as "the dog bit the man" must be augmented by a grammatical suffix indicating whether the event was seen, or heard, or assumed, or reported. This book provides the first exhaustive cross-linguistic typological study of how languages deal with the marking of information source. Examples are drawn from over 500 languages from all over the world, several of them based on the author's original fieldwork. Professor Aikhenvald also considers the role evidentiality plays in human cognition, and the ways in which evidentiality influences human perception of the world.. This is an important book on an intriguing subject. It will interest anthropologists, cognitive psychologists and philosophers, as well as linguists. (shrink)

This article revisits Jeffrey Tulis’s The Rhetorical Presidency in the age of Trump, discussing the debates to which it originally responded, its core thesis and empirical evidence, as well as its impact on political science in the last three decades. The article’s second half turns to a recent critique of Tulis’s thesis by Ann C. Pluta, which manifests many of the misunderstandings that have persisted since The Rhetorical Presidency’s original publication. Habits of thought revealed in Pluta’s misunderstandings, I argue, are (...) emblematic of the political culture that is amenable to the simplistic yet politically effective appeals characteristic of rhetorical presidents like Donald Trump. Elements of the broader political-science world that are on display in Pluta’s article are symptomatic of political pathologies sustained and aggravated by the culture of the polity that political scientists inhabit and purport to study—the culture of the rhetorical presidency. (shrink)

LANGUAGE NOTE | Document text in Chinese; abstract also in English. 譚傑志(Joseph Tham) 教授在其 “Bioethics: Cross-Cultural Explorations”(Tham 2022, 13) —文中回顧了生命倫理學在發展過程中的世俗化歷程、聯合國教科文組織生命倫理學和人權主席(UNESCO Chair in Bioethics and Human Rights) 專案“生命倫理學、多元文化和宗教”在過去12年中的開展情況、以及最近這些年在生命倫理學領域中涉及文化多元性較為突出的問題。譚教授為生命倫理學領域中跨文化交流做出了卓越的貢獻，特別是其擔任上述項目負責人 以來。生命倫理學領域中的很多主題，如代孕、墮胎、基因編輯等，既複雜乂敏感；可以想像，推動生命倫理學領域中跨文化交流是一件富挑戰的事情。正如譚教授所言：“……在不同宗教之間尋求共識或思想融合是一個相當宏 大，甚至有些不現實的目標。”儘管如此，譚教授依然以極大的耐心和熱情通過改進專案中的對話機制，不斷地推動跨文化交流取得實質性進展和一系列學術成果。在這個過程中，如何讓不同文化和宗教背景的學者就某個主題進 行有意義的對話成為關鍵。譚教授探索出的“主旨論文+跨文化回應”模式，即一位元學者基於自身的文化或宗教背景撰寫針對特定主題的主旨論文，由另一位不同文化背景的學者撰寫回應論文，為不同的文化和宗教搭建了對話 的橋樑。(撮要取自內文首段) I am grateful for Professor Joseph Tham's efforts to improve cross-cultural dialogue on bioethics by continually updating the dialogue mechanisms in the “Bioethics, Multiculturalism and Religion Project,” conducted by the UNESCO Chair in Bioethics and Human Rights. The dialogue helps moral strangers to discuss their local cultures and to enter and learn about other (...) cultures and religions. Through this process, moral strangers may find that they hold similar values. The dialogues have also shown us the importance of cross-culture differences. Although we can foster consensus or convergence on some issues, it should be noted that the differences in cultures and religions are not the second-best option when agreement cannot be reached. Such differences constitute the cultural diversity of the world and have their own values. Respecting these differences is just as important as seeking consensus or convergence. (shrink)

Because of the complexity of human behaviour a great many research variables must be constructed from the building blocks of human judgement. A teacher's warmth, a psychotherapist's ability to create rapport, a patient's inner state - these all tend ultimately to be defined by the judgements of others. The purpose of this book is to describe the design, the analysis and the meta-analysis of studies employing judgements in sufficient detail that readers can conduct such studies, and more wisely evaluate them. (...) While the author's examples are drawn primarily from research on non-verbal behaviour, the book is designed for any investigators employing judges, observers, raters, coders, or decoders, whether or not the behaviour being assessed is non-verbal. Judgment Studies: Design, Analysis, and Meta-Analysis constitutes a unique resource for advanced students and researchers in the behavioural and social sciences. It offers the first integrated summary of methodological issues in judgement studies, and the first guide to their planning and analysis. (shrink)

ABSTRACTAnne C. Pluta’s reply to my critique perpetuates the errors that undermined the article I criticized. Pluta dismisses out of hand my suggestion that her mistakes are the result of the particular lens through which she and much of the political science community view the American presidency. Yet this suggestion has the merit of explaining why she contends that piling up nineteenth-century instances of presidential public “speech” undermines Jeffrey Tulis’s contention that the nature of presidential speech changed decisively at the (...) beginning of the twentieth century, such that rhetorical, often-demagogic appeals over the heads of Congress displaced public speech that affirmed the values of republican, constitutional government. (shrink)

Does history really matter? As a historian, and more importantly as a teacher of history, I have become convinced of the need to raise this question in my introductory classes. Too often this fundamental query is left for upper-division “theory” courses, or never broached at all. At a certain point historians, like most of us I imagine, stop asking why we do what we do and just get on with doing it. But with history, the question of why we engage (...) in it or whether it is worthwhile at all is absolutely vital. (shrink)

Richard Koch first made his appearance in the 1920s with works published on the foundations of medicine. These publications describe the character of medicine as an action and the status of medicine within the theory of science. One of his conclusions is that medicine is not a science in the original sense of the word, but a practical discipline. It serves a practical purpose: to heal the sick. All medical knowledge is oriented towards this purpose, which also defines the physician’s (...) role. One kind of knowledge is diagnosis, which is strictly understood in relation to therapy, and is at the core of medical thinking. Diagnosis is not the assignment of a term of a species to a patient’s disease: this would not do justice to the individuality of a clinical manifestation and would fail to provide a reason for individual therapy. Nevertheless, the terms assigned to diseases, although fictitious, are not useless, but assist in differentiating various phenomena. These conclusions carry ethical consequences. Because the task of helping the sick constitutes medicine, morals not only set ethical limits: medicine originates in a moral decision. If there are no diseases but only individual sick people, disease can not be defined as an abnormality. The individual benefit to the patient must not necessarily be the complete restoration of health. With its object being incalculable, medicine cannot guarantee its own success. Here the physician has to develop principles that allow for the best possible response to the challenges faced in varying situations of conduct. (shrink)

This collection of essays arose directly from a series of seminars conducted at the Institute of Classical Studies of London University during 1967-1968. Most of the material is published for the first time. Articles by Sandbach and Kidd offer arguments concerning kataleptike phantasia as the test of a true presentation, and Posidonius' conception of the role of the emotions in relation to his scientifically based ethical theory. In addition to the positions held by Rist, Sandbach and Kidd, A. C. Lloyd (...) argues that the Stoic categories, as lekta, should be classified under dialectic and grammar rather than physics. S. G. Pembroke argues most cogently for the central importance of the difficult and controversial concept of oikeiosis in Stoicism. In two essays, editor Long, slanting the conclusion of his discussion of lekta towards its ethical implications, argues first that there is no evidence to show that lekta persist outside of acts of thought and communication distinct from the speaker and his reference; and secondly, that "man," because his logos is equal in quality to all the divine which is outside of it, and because it constitutes a unique substance whose identity is unaffected by external events, "can be free, can act as a man, if and only if the external movements of his body follow from a decision which reconciles his own will and moral choice to what is necessarily the case." Finally, in a not altogether satisfactory concluding essay, "The Natural Law and Stoicism," Gerald Watson discusses among other things some of the practical applications of natural law and its later influence posterior to the Stoic use of it. Although the editor does not attempt either to unify the varying positions presented or to present a comprehensive view of Stoicism, he does bring together some stimulating arguments concerning particular problems in Stoic ethics, metaphysics, epistemology and psychology. This book, truly a statement of "work in progress," is sure to arouse further discussion of the important topics discussed within its carefully documented pages.--T. V. U. (shrink)

"Mitchell Franklin (1902-1986) is described by the Buffalo Law Review as the foremost Marxist legal philosopher in the English-speaking world. In these selected writings, Franklin, a professor of law at Tulane University for 37 years, discusses how the development of natural law from an idealist to a materialist concept in the transition from feudalism to capitalism is reflected in the drafting of the U.S. Constitution and its interpretation today" --Publisher's summary.

Against the contemporary view which portrays the roots of modern political philosophy as fundamentally areligious, Peddle's essay shows how Puritanism and Enlightenment converge in the U.S. Constitution. In light of reflections on the logic of this convergence, an interpretation of the religious clauses of the first amendment is advanced.

Choral Identity and the Chorus of Elders in Greek Tragedy challenges the commonly held view that choruses are marginalized by the roles they play in classical Athenian tragedy. Focusing on those tragedies that feature a chorus representing old men who are elders of the community where the action is taking place, Dhuga argues that these elders, as elders, are not necessarily marginal and can even become in some ways central to the represented action.

Drawing on themes important in moral and political philosophy, much of the scholarship on the constitutional law of privacy in the United States distinguishes between privacy understood as a person's control over information and privacy understood as a person's ability to make autonomous decisions. For example, Katz v. United States established the framework for analyzing whether police activity constituted a “search” subject to the Fourth Amendment's requirement that the police either obtain a warrant before conducting a search or otherwise act (...) reasonably. The defendant was a professional gambler who knew enough about police techniques to use a public telephone to make his business calls. Police agents attached a listening device to the outside of the phone booth, and sought to use the recordings against the defendant. The Supreme Court agreed with the defendant that the Fourth Amendment had been violated. Justice John Marshall Harlan's influential concurring opinion asserted that a person's privacy, in the sense of control over information, depended on two factors: “that a person have exhibited an actual expectation of privacy and, second, that the expectation be one that society is prepared to recognize as ‘reasonable.’” Fourth Amendment cases like Katz involve informational control; they define the circumstances under which the government may acquire information from or about a person without first obtaining the person's agreement. In contrast, cases like Griswold v. Connecticut, which barred the state from making it a criminal offense to use contraceptives, and Roe v. Wade, which restricted the state's power to prohibit or regulate abortions, used the language of privacy rights to protect a much broader interest in autonomous decision-making. Seeing these cases and related ones through lenseees provided by moral and political philosophy, scholars have attempted to describe what a morally sound constitutional law of privacy would be, and the broadest sense, dworkinian. That is, they seek to provide an account of privacy with two characteristics: it is broadly consistent with the relevant constitutional decisions, and it is the most morally attractive account possible that satisfies the requirement of consistency with the decisions. (shrink)

Biosemiotics is a theoretical approach that makes a research on signs, sign systems and semantic processes of the biosphere. It provides a conceptual framework for describing biological phenomena at all levels of the organization of life, and its relevance may be due to the unstable relationship between culture and nature. We are able to use this approach to initiate safe cultural forms and practices. Biosemiotic approach makes it possible to combine cultural and semiotic concepts with biological and biosemiotic frames in (...) the relevance to ecosemiotics, as we are able to update cultural civilizational meanings and identify new vectors of human’s civilization development in the epoch of the post-anthropocentrism. (shrink)

ABSTRACTThe article uses the recent U.S. Supreme Court decision in the same-sex marriage caseObergefell v. Hodgesas the springboard for a general enquiry into the nature and existence of a constitutional right to liberty under the American Constitution. The discussion is divided into two main parts. The first examines the meaning and the justifiability of there being a moral right to liberty as a matter of political philosophy. Two such rights are distinguished and defended: first, a right not to be (...) coerced by the state when the state is motivated by improper reasons ; and second, a right not to be coerced by the state when there are insufficient justifying reasons for the state to do so, irrespective of how such state coercion may be motivated. Neither right is regarded as “absolute,” and so it is morally permissible for the state to override such rights in certain circumstances. The second part of the article examines the distinct and additional considerations that must be taken into account when these two moral rights to liberty are fashioned into corresponding legal rights under American constitutional law. Both such rights survive the transformation, but each becomes altered somewhat in its content. This legal transformation includes recognition of the nonabsolute nature of moral rights, such recognition taking the form of some doctrine of “compelling state interests.” The discussion in these two main parts of the article is prefaced with a defense of the article's use of political philosophy to inform constitutional law, a defense motivated by Chief Justice Robert's denunciation of such an approach to constitutional law in his opinion inObergefell. (shrink)

Quiconque a visité la Chambre de la Signature, au Vatican, et s’est attardé devant « L’École d’Athènes » de Raphaël garde en mémoire l’image significative qu’offrent, au centre de la composition, les personnages d’Aristote et de Platon. C’est l’image, en raccourci, d’un dialogue poursuivi vingt années durant par le maître de l’Académie et son disciple de Stagire, l’un des plus féconds sans doute qu’ait jamais comptés l’histoire de la pensée philosophique. La première rencontre entre les deux hommes eut lieu probablement (...) au cours de l’année 366/5 avant notre ère. Ils vécurent ensemble, à Athènes, dans un commerce quasi constant, pour ainsi dire jusqu’à la mort de Platon, au mois de mai 347. Cependant, le maître avait laissé pour toujours son empreinte sur l’esprit du disciple. Au point que le lecteur attentif d’Aristote peut avoir l’impression de souvent trouver dans ses œuvres, comme disait Th. Gomperz, le « Platonicien » et l’« Asclépiade » confrontés l’un à l’autre sur toutes les grandes questions de la philosophie. Le difficile accord, parfois constaté dans le Corpus Aristotelicum, entre les thèses recommandées respectivement par l’héritier de l’Académie et le champion d’une philosophie nouvelle pose incontestablement le problème le plus redoutable que doit affronter l’exégèse. (shrink)

Les etudes reunies dans ce volume sont consacrees a l'interpretation des theses principales que defend Aristote en plaidant pour l'exercice d'une veritable politique par le citoyen juste. Ce sont des theses d'un enjeu redoutable. Elles impliquent le plus souvent les conceptions que se fait Aristote des vertus morales et intellectuelles composant le portrait de l'homme, non seulement heureux, mais susceptible d'apporter le bonheur a la Cite. Elles engagent aussi a considerer l'unite profonde que forment, chez Aristote, l'ethique et la politique. (...) A cote d'etudes recemment publiees par l'auteur, le receuil contient d'importants inedits qui font le point sur des questions disputees. L'ensemble peut introduire aux differents aspects de la pensee ethico-politique d'Aristote qui font, aujourd'hui encore, son actualite. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Rembrandt’s Art: A Paradigm for Critical Thinking and AestheticsMark S. Conn (bio)IntroductionThe purpose of art is to lay bare the questions, which have been hidden by the answers.—James BaldwinPhilosophers have asked, How do we know the world? Over centuries, many visual artists have responded to this question by provoking us to see the world differently—through their own eyes. Rembrandt, by no small measure, is one of those artists. While (...) many people have attempted to understand and interpret the art of this quintessential master, few have used his art as a tool to teach critical thinking. The challenge, then, is to set forth a paradigm, using Rembrandt’s art as the vehicle, to teach critical thinking skills. These skills can be applied across the curriculum without losing an appreciation for the aesthetic characteristics of his art.Several sections in this article begin with a foundational discussion of the connection between art and the general curriculum, including how the effectiveness of that curriculum may then be measured. Continuing with a working definition of critical thinking, I demonstrate how Rembrandt’s work relates particularly well to the social studies curriculum. Definitions of critical thinking skills are discussed just prior to introducing the paradigm. A discussion of the paradigm’s relationship to aesthetics and necessary concepts is followed by the conclusion, which contains the graphic illustration of the paradigm. [End Page 68]Foundational DiscussionIn order to create a paradigm that encompasses Rembrandt’s art, critical thinking, and aesthetics, it is important to understand the connection that art has to the curriculum. By examining the way in which this relationship has evolved and is measured, we discover its foundation. It also produces a rationale for the paradigm.For decades the educational community has debated the validity of including arts in the curriculum. There are those who believe that in order to justify inclusion in the curriculum, there needs to be evidence that art has a quantifiable impact upon learning. Others believe that there is a need to teach art for art’s sake.1 Elliot Eisner stated, “More often than we would like, arts educators receive requests to justify their professional existence or existence of the arts in our schools on the basis of their contribution to non-art outcomes.”2 According to Eisner’s research, there have been no studies that show a statistically significant relationship between the arts and academic success.3 Additionally, in their final report evaluators from Transforming Education Through the Arts Challenge (TETAC) concluded that “Analysis of site-specific data found no significant relationship between program implementation and performance on reading and math tests.”4 There are many sources that can be cited that report the same findings. In assessing these kinds of findings we find the conclusions to be approximately the same.If we look at the U.S. Department of Education’s National Assessment of Educational Progress, which each year releases “The Nation’s Report Card,” we find a tremendous amount of data.5 However, most of what we find is data that is analyzed scientifically, with a long but incomplete list of incomplete variables. Therefore, it is difficult to come to any consensus about which programs, in which states, are successful and why. All we actually see is who is supposedly doing better in various curriculum areas based upon standardized tests that vary from state to state. Consider an example of current thinking regarding curriculum and testing from an article by Diane Ravitch, former assistant U.S. secretary of education, and Deborah Meir, senior scholar at New York University’s Steinhardt School of Education:Both of us acknowledged that our choices involve risks. A national curriculum might be unwieldy and superficial (“a mile wide and an inch deep—ironically the charge directed at our current incoherent and fragmented curriculum”) as well as politically compromised, while a local one might reflect the low expectations of the local community as local foolishness and local biases (some schools, for example, might teach intelligent design). We agreed that the measurement of “results”—what constitutes intellectual achievement—has been badly distorted by current local and state tests, which undermine high-quality tasks and make... (shrink)

Three indexes have been compiled: authors of main articles (including our special departments such as ‘Projects in progress’ and ‘Notes and discussions’); essay reviews; and book reviews. Co-author...

One of the central debates amongst U. S. constitutional theorists for more than a generation has been between (conservative) ‘originalists’ arguing that, in interpreting and applying the Constitution, judges are duty bound to adhere to the original understandings at the time of the Constitution’s adoption and (liberal/progressive) ‘living constitutionalists’ arguing rather that, when appropriate, judges should read the Constitution in light of contemporary needs and moral aspirations. While acknowledging the significance and legitimacy of the originalist call for (...) fidelity to history and newly incorporating elements of their arguments into his theory, Fleming, in Fidelity to Our Imperfect Constitution, re-affirms moral aspirationalism as the ultimate foundation of the interpretive project. I argue here, as against Fleming, that the opposition that he (and other American constitutional theorists) have drawn between originalism’s historicism and living constitutionalism’s moral aspirationalism is a false binary – the contingent product of a developmental succession of political battles between American conservatives and progressive/liberals over the course of the twentieth century. I argue here, contra Fleming, that in both theory and practice, in the U. S. at least, history and moral aspiration are and have always been inextricably intertwined —inseparable— and that, going forward, U. S. constitutional historians and theorists would do better by forthrightly acknowledging and accounting for this fact, and dynamic. (shrink)

. On June 13, 2013, the Supreme Court issued a unanimous decision in Association for Molecular Pathology v. Myriad Genetics, holding that a naturally occurring DNA segment that has merely been “isolated” is not patent eligible, and effectively overturning a longstanding policy that had allowed for patents to be issued on thousands of human genes. Drawing largely on the expert testimony and arguments presented during the court proceedings, this paper provides an overview of the discovery and patenting of the BRCA1 (...) and BRCA2 genes at issue in the case, the impacts of gene patents on biomedical research and innovation and clinical practice, and the legal analysis presented by the plaintiffs throughout the case for how patents issued on genes violate the Patent Act and the U.S. Constitution. Finally, it discusses how the Court’s decision in this case marked an extraordinary victory not only for the plaintiffs directly involved, but more generally for women, patients, researchers, civil liberties, and the future of medicine. (shrink)