A resounding debate has ensued over the utility of race in biomedical research, particularly as new drugs claiming to serve particular racial populations attempt to enter the marketplace. This creates a number of challenges for the Food and Drug Administration over how best to regulate new drugs seeking race specific indications. This article suggests that it may be beneficial for the FDA to turn to an area with experience negotiating such dilemmas - Constitutional Law - and its approach - (...) class='Hi'>strict scrutiny - to help guide when and under what circumstances Government should give effect to racial categories in biomedicine. (shrink)

Race is becoming an increasingly common lens through which biomedical researchers are studying the relevance of genes to group predispositions that may affect disease susceptibility and drug response. These investigations contravene decades of research in the natural and social sciences demonstrating that social categories of race have little genetic significance. Nevertheless, a resounding debate has ensued over the utility of race in biomedical research — particularly as new drugs claiming to serve particular racial populations enter the marketplace. Now that the (...) Food and Drug Administration has approved BiDil as the first race-specific treatment despite conflicting evidence and unsettled debates, is there a way for federal regulators to promote research that may address minority health concerns without giving undue credence to the dangerous idea that social understandings of race are genetically relevant? It may be useful for the FDA to turn to an area with experience negotiating such dilemmas — constitutional law — and its approach — strict scrutiny — to help guide when and under which circumstances government should give effect to racial categories in biomedicine. (shrink)

To protect what it deems fundamental rights, the Supreme Court strictly scrutinizes legislation that impinges on these rights. The Court views such legislation as a means to some end the legislation seeks to accomplish. The Court requires that the statute be neither overinclusive nor underinclusive; the legislation may not affect more people than necessary to achieve its end, nor is the statute permitted to leave some people out in achieving its end.I argue that when legislation imposes burdens, its underinclusiveness is (...) irrelevant, and that when it dispenses rewards its overinclusiveness is irrelevant, because those affected by the statute areex hypothesi deserving. One commits thetu quoque fallacy when one tries to infer that those affected by the law are undeserving from the fact that some deserving individuals were not affected by the statute. (shrink)

The risk that direct-to-consumer advertising of prescription pharmaceuticals (DTCA) may increase inappropriate medicine use is well recognized. The U.S. Food and Drug Administration addresses this concern by subjecting DTCA content to strict scrutiny. Its strictures are, however, heavily focused on the explicit claims made in commercials, what we term their “propositional content.” Yet research in social psychology suggests advertising employs techniques to influence viewers via nonpropositional content, for example, images and music. We argue that one such technique, evaluative (...) conditioning, is operative in DTCA. We further argue that evaluative conditioning fosters unjustified beliefs about drug safety and efficacy, antagonising the autonomy of viewers’ choices about advertised medicines. We conclude that current guidelines are deficient in failing to account for evaluative conditioning, and that more research and debate are needed to determine the permissibility of this and other forms of nonpropositional persuasion. (shrink)

The premise of this symposium is that the principle and ideal developed in Brown v. Board of Education2 and its successor cases lie at the heart of the rationale for affirmative action in higher education. The principle of the school desegregation cases is that racial segregation is an injustice that demands remediation. The ideal of the school desegregation cases is that racial integration is a positive good, without which “the dream of one Nation, indivisible”3 cannot be realized. Both the principle (...) and the ideal make racial integration a compelling interest. The Supreme Court recognized these claims in Grutter v. Bollinger. However, it failed to take full advantage of them. It thereby failed to answer crucial questions that must be answered by policies subject to strict scrutiny. In this essay, I shall display the links tying Grutter to Brown, discuss the vulnerabilities of Grut- ter in the absence of an explicit grounding in Brown, and demonstrate how the affirmative action policy upheld in Grutter, when explicitly grounded in Brown, survives strict scrutiny. To understand this argument, it is helpful first to explain the integrationist perspective that underlies it. (shrink)

This book delves deep into the Social Construction of Theory, comparative epistemology and intellectual history to stress the interrelationship between diverse cultures during the colonial period and bring forth convincing evidence of how the 19th century was shaped. It approaches an interesting relation between the linguistic studies of 19th century’s scientific world and subsequent widespread acceptance of the empirically weak theory of the Aryan invasion. To show entangled history in a globalized world, the book draws on the Aryan Invasion Theory (...) to highlight how different socio-religious parties commonly shape a new theory. It also explores how research is affected by the so-called social construction of theory and comparative epistemology, and deals with scholarly advancement and its relation with contemporary socio-political demands. The most significant conclusion of the book is that academic studies are prone to comparative epistemology, even under the strict scrutiny of the so-called scientific methods. (shrink)

Drug testing is widely deployed in the United States throughout the public and private sectors. This case study uses two emergent drug-testing technologies—hair analysis and the sweat patch—as examples of techniques of governance that should be subjected to the political equivalent of strict scrutiny. The article contributes to conceptual debates in science and technology studies, arguing that the study of social structure and subject formation should be integral rather than epiphenomenal to analysis in the transdisciplinary field of science (...) and technology studies. The article contextualizes the development and deployment of drug-testing technologies within the structural and epistemological categories of racial and ethnic difference, gender, sexuality, and class formation. Conflicts between proponents of the technologies and critical advocates who seek to constrain their use mark sites of productive theoretical engagement with structural sociology, racial formation theory, critical race theory, and feminist critique.1 Finally, the article demonstrates how STS analyses can contribute to the struggles of strategic counterpublics as they advocate for changing the meaning and material consequences of suspect technologies. (shrink)

This paper has attempted to steer a middle course between two opposing views. Although the examination tilts in favour of the conservationist, by proposing legal regulation of the practice, it also seeks to contain the fear of the abolitionist. The proposed regulation will make it illegal for minors to undergo female circumcision, and only those adults who wish to have it done will be permitted under the strict scrutiny of the law.Female circumcision has returned to mainstream debate again (...) and one hopes that this time a compromise acceptable to the abolitionists and the conservationists will be forged. The latter group should be given the opportunity of expressing its view without fear of being regarded with contempt. Such a cordial approach will foster a fair debate between the various interest groups that is long overdue. (shrink)

Courts are divided as to whether abortion informed consent mandates violate the First Amendment. This article argues that given the doctor's and patient's unique expertise, the patient's strong interests in autonomous decision making, and the fact that these laws regulate speech, rather than conduct, heighted or strict scrutiny should apply to such mandates.

In lieu of an abstract, here is a brief excerpt of the content:Hume Studies Volume 29, Number 2, November 2003, pp. 305-325 Hume, Sympathy, and the Theater BRIAN KIRBY Every movement of the theater, by a skillful poet, is communicated, as it were by magic, to the spectators; who weep, tremble, resent, rejoice, and are inflamed with all the variety of passions, which actuate the several personages of the drama. (EPM 5.2.26; SBN 221-2) Much has been written recently about the (...) role of sympathy in Hume's moral theory. That may indeed be its most important use. But it seems from a number of illustrations he uses that it has broader applications, in particular, application to a spectator's appreciation of drama. The problem some see with this broader application is that it conflicts with the basic definition of sympathy as a process by means of which impressions are shared. The actors on the stage would not seem to have the same passions which "inflame" the spectators. Worse, the spectators do not believe in their hearts that the passions which inflame them have real correlates. At first blush, "sympathy" might mean any one of several things. In "The Conscience of Huckleberry Finn," for example, Jonathan Bennett says, "As for 'sympathy': I use this term to cover every sort of fellow-feeling, as when one feels pity over someone's loneliness, or horrified compassion over his pain, and when one feels a shrinking reluctance to act in a way which will bring misfortune to someone else."1 However, fellow-feeling is not a sharing of feelings in Hume's sense. Alvin I. Goldman comes closer to Hume's meaning in a narrow description of empathy: "To empathize with someone, in its Brian Kirby, Associate Professor of Philosophy Emeritus at St. Lawrence University, is at 172 Miner Street Road, Canton, NY 13617, USA. e-mail: [email protected] 306 Brian Kirby most frequent sense, is to sympathize or commiserate, which involves shared attitudes, sentiments, or emotions."2 Still, Hume's sympathy is not the commiseration but rather what is involved in the commiseration, the shared attitudes, sentiments, and emotions. "No quality of human nature," says Hume, "is more remarkable, both in itself and in its consequences, than that propensity we have to sympathize with others, and to receive by communication their inclinations and sentiments, however different from, or even contrary to our own" (T 2.1.11.2; SBN 316). The principle of sympathy as he describes it in his technical sense is as follows: When any affection is infus'd by sympathy, it is at first known only by its effects, and by those external signs in the countenance and conversation, which convey an idea of it. This idea is presently converted into an impression, and acquires such a degree of force and vivacity, as to become the very passion itself, and produce an equal emotion, as any original affection. However instantaneous this change of the idea into an impression may be, it proceeds from certain views and reflections, which will not escape the strict scrutiny of a philosopher, tho' they may the person himself, who makes them. (T 2.1.11.3; SBN 317) If sympathy has to do with the sharing of impressions, what can one say about possible broader applications in which the correlate impression is absent? One tack to take is to dismiss the illustrative examples as aberrations or at least minor inconsistencies on Hume's part. A second is to argue that the broader applications follow reasonably, given Hume's description of the mechanism of sympathy. I propose, in this paper, to take the second tack. The above description characterizes what one might call sympathy in its normal social context in which the feelings of another are identifiable from his verbal and bodily behavior. Of course, the identification is not infallible. The other person may intend to deceive by lying or mimicking the behavior associated with a feeling. But such occasions are parasitic on normal contexts. But beyond the normal social context, there are other occasions which elicit sympathy, situations in which passions are aroused in the sympathizers for good cause, but which have no correspondent in the objects of sympathy. The case... (shrink)

The U.S. Supreme Court regards parental rights as fundamental. Such a status should subject any legal procedure that directly and substantively interferes with the exercise of parental rights to strict scrutiny. On the contrary, though, despite their status as fundamental constitutional rights, parental rights are routinely suspended or revoked as a result of procedures that fail to meet even minimal standards of procedural and substantive due process. This routine and cavalier deprivation of parental rights takes place in the (...) context of divorce where, during the pendency of litigation, one parent is routinely deprived of significant parental rights without any demonstration that a state interest exists—much less that there is a compelling state interest that cannot be achieved in any less restrictive way. In marked contrast to our current practice, treating parental rights as fundamental rights requires a presumption of joint legal and physical custody upon divorce and during the pendency of divorce litigation. The presumption may be overcome, but only by clear and convincing evidence that such an arrangement is harmful to the children. (shrink)

The Covid‐19 pandemic has brought bioethics back to five topics—justice, autonomy, expert authority, religion, and judicial decisions—that were central during its formative period but has cast a new light on each, while also tangling public health policy in the current, rather radical, reshaping of the role of organized religion in society.

The allocation of scarce medical treatments, such as antivirals and antibody therapies for COVID-19 patients, has important legal dimensions. This Essay examines a currently debated issue: how will courts view the consideration of characteristics shielded by equal protection law, such as race, sex, age, health, and even vaccination status, in allocation? Part II explains the application of strict scrutiny to allocation criteria that consider individual race, which have been recently debated, and concludes that such criteria are unlikely to (...) succeed under present Supreme Court precedent. Part III analyzes the use of sex-based therapy allocation criteria, which are also in current use, and argues that they also face substantial legal obstacles, despite only being subject to intermediate scrutiny. Parts IV and V examine the use of age and health status in allocation. Part VI discusses how the nascent law on “vaccination status” discrimination might apply to therapy allocation. (shrink)

Traditional state v. state war is largely a relic. How then does a nation-state protect itself - preemptively - against the unseen enemy? Existing international law - the Caroline Doctrine, UN Charter Article 51, Security Council Resolutions 1368 and 1373 - do not provide sufficiently clear guidelines regarding when a state may take preemptive or anticipatory action against a non-state actor. This article proposes rearticulating international law to allow a state to act earlier provided sufficient intelligence is available. After examining (...) international law, this article proposes a process-based "strict-scrutiny" approach to self-defense. Under this approach, the executive will have to convince a court, based on relevant, reliable, viable, and corroborated intelligence, that preemptive action is appropriate. This process leads to a check on the power o the executive by placing a judicial check on preemptive action, consequently establishing objective legal criteria for operational counterterrorism. Muge Kinacioglu, Department of International Relations, Bilkent, University, Turkey, wrote a response to my article titled, "A Response to Amos Guiora: Reassessing the Parameters of the Use of Force in the Age of Terrorism: Pre-emptive Action and International Law." Tarcisio Gazzini, Faculty of Law, VU University, Amsterdam, also wrote a response titled, "A Response ot Amos Guiora's Article on Pre-Emptive Self-Defence Against Non-State Actors.". (shrink)

The question whether the study of education and teacher education belong at a liberal arts college deserves careful consideration. In this essay Bruce Kimball analyzes and finds unpersuasive the three principled rationales that are most often advanced on behalf of excluding educational studies, teacher education, or both from a liberal arts college. Specifically, Kimball argues that no principled definition of the conventional liberal arts disciplines excludes the study of education without barring other fields now regarded as legitimate, and consistency demands (...) that all such fields be excluded if any are. In addition, teacher education, even if considered as merely “craft know-how” or as professional training, cannot be excluded from liberal arts colleges without arbitrarily classifying it as suspect and subjecting it to strict scrutiny. But the question of whether educational studies or teacher education fit any asserted definition of liberal education does not finally resolve the question of whether they belong in a liberal arts college. Kimball concludes by suggesting that there are moral and prudential reasons for liberal arts colleges to offer teacher education and, concomitantly, the study of education, even apart from the unpersuasive objections that they do not fit a definition of liberal education. (shrink)

Suppose we agree to reject the view that privacy has narrow scope and consequently is irrelevant to the constitutional privacy cases. We then have (at least) these two options: (1) We might further emphasize and draw out similarities between tort and constitutional privacy claims in order to develop a notion of privacy fundamental to informational and Fourth Amendment privacy concerns as well as the constitutional cases. We can cite examples indicating this is a promising position. Consider consenting homosexuality conducted in (...) one's home, for instance. We view it as a private matter, whether the state is seeking to regulate the behavior, or if others are attempting to gain or exploit information about it. I believe basic conceptual similarities between tort and constitutional interests can be identified by showing that there is a range of similar reasons for protecting both tort and constitutional privacy concerns. We might worry, however, that a comprehensive concept of privacy may be too general to be very useful, given that privacy violations can be so diverse, and can arise, for example, from misuse of confidential information, from conduct that is intrusive even if no information is gained or disclosed, from disturbance of an intimate relationship, or from disruption of various other important aspects of one's life.(2) We could concede that whatever “privacy” means in the tort and Fourth Amendment cases, it means something different in the constitutional cases. Nevertheless, we might take that “something else” seriously as a distinct but legitimate use of the term which is not “spurious” but is reflected in our ordinary language. This appears to me to be a fruitful alternative. After all, contrary to Henkin's view that tort privacy is “what most people mean by privacy,” the term is often used in contexts beyond informational privacy and clearly related to the interests at stake in the constitutional cases. Thus, for example, in a pamphlet explaining how to protect children by teaching them how to say “No!” to strangers without making them paranoid or antisocial, parents and teachers are told, Children have a right to privacy. Teach it. Reinforce it. One of the ways to help children prevent sexual assault is to encourage them to develop a sense of physical integrity. A sense that they have a right to their own body space and privacy. Just as we allow them to close the door when they use the bathroom, we must allow them to say no to any unwanted physical affection and touch. Flora Calao and Tamar Hosansky, “The Key to Having Fun is Being Safe: Teaching Personal Safety to Children,” The Safety and Fitness Exchange, 1123 Broadway, N.Y., N.Y. 10010. Unfortunately, the most obvious starting point for identifying the sense of private relevant to the constitutional cases is extremely worrisome. The Court itself has said ... only personal rights that can be deemed “fundamental”...are included in this guarantee of personal privacy...the right has some extension to activities relating to marriage...procreation...contraception...family relationships... and child rearing and education.Roe v. Wade, 410 U.S. 113 (1973).The difficulty, of course, is that little more is offered by way of explanation of which rights are “personal” or “fundamental” or both. Focusing on marriage makes Roe v. Wade difficult to understand given that Ms. Roe was unmarried, and attending only to family issues does not help us make sense of the Stanley case protecting one's right to view pornography in one's home. It is perhaps more problematic that decisions such as what color shoes to wear are reasonably viewed as personal, yet are far from fundamental enough to warrant protection. And regulations governing the draft and employment, for example, are not viewed as privacy invasions although they might be said to interfere with matters of one's life that are both fundamental and personal in the vague sense described.Before we give up in frustration, however, I would urge that we recall that even in tort law the notion of privacy has been evolving through a constellation of judgments. Although there is no fixed way of using the term which we then proceed to analyze, the concept of privacy has not in those cases been taken to be meaningless or empty. Similarly, there is reason to believe that the scope of a “personal and fundamental” notion of privacy relevant to the constitutional cases can be further delineated through a consideration of cases, especially since it seems to me that in many cases application of the term is clear and unproblematic. A decision to have a vasectomy, for example, can uncontroversially be said to be a personal and fundamental one, and it is in that sense private. We fail to acknowledge the personal significance in an individual's life of forcing or refusing him the operation if we deny that this important sense of privacy is relevant to such a decision merely because an interest in determining for oneself what one ought to do is also at risk.Of course, once it is settled that something is a private matter, it is a separate issue to decide whether or not, in some social context, an invasion of it can be justified. Thus, I would claim, a mandatory sterilization program for male recidivists or for those in a country suffering grave poverty and overpopulation does invade privacy, and the social or legal question is whether or not the invasion can, in the particular circumstances, be justified. Although all will agree that both individual and social interests must be balanced by moral philosophers as well as the courts, in conflicts we will not always agree on the weight to be accorded individual claims.I have not provided a constitutional defense for citing privacy as one right at stake in the constitutional privacy cases. Nor have I attempted to enter the debate about how strictly to interpret the Constitution. But if I am correct, then we can agree there is an important interest in privacy at issue in those cases without merely conflating privacy and autonomy or liberty, and can continue the process of marking out its boundaries. If we reach such agreement, we will have made considerable progress. Moreover, the implications of this view are significant. Current constitutional standards, controversial though they may be, require “strict scrutiny” for cases concerning “fundamental values,” and privacy has been judged to be one such value. Thus these privacy claims have a greater chance of being protected when they conflict with other rights or general interests than they would have if only liberty, or freedom from governmental interference, were involved. (shrink)

This is an excellent philosophical study of a frequently neglected ethical problem regarding substitute judgments for incompetent persons. In Part I, the discussion of the legal context in which the problem arises gives the reader an informative and perceptive account of the Supreme Court's acknowledgment of certain fundamental rights in substantive due process cases. The analysis of the line of cases pertaining to the right of privacy and its implication for the problem of the incompetent person presents a good case (...) for the view that "the history of the problem is in fact a legal history." "The problem arises with the Court's articulation of fundamental rights because the question of whether and in what manner the incompetent person possesses these same rights follows immediately from this. Once the courts establish that the incompetent person does possess these rights, they are confronted with the difficulty of determining who shall act on behalf of the incompetent person". The three chapters that comprise Part I are valuable in reminding the reader of the legal aspect of many contemporary moral issues, such as contraception, abortion, etc.; and the importance of the doctrine of judicial strict scrutiny with respect to invidious discriminations. (shrink)

Thomas Hofweber takes the semantic paradoxes to motivate a radical reconceptualization of logical validity, rejecting the idea that an inference rule is valid just in case every instance thereof is necessarily truth-preserving. Rather than this “strict validity”, we should identify validity with “generic validity”, where a rule is generically valid just in case its instances are truth preserving, and where this last sentence is a generic, like “Bears are dangerous”. While sympathetic to Hofweber’s view that strict validity should (...) be replaced by something allowing for exceptions, I argue that this should instead be truth-conduciveness, a matter of a large majority of instances being truth-preserving. The fact that inference rules have uncountably many instances, I argue, can be handled by defining truth-conduciveness as relative to finite sets of instances. Moreover, I argue that Hofweber’s position, while seemingly radical, may be less so under closer scrutiny. For the mere claim that classical rules and unrestricted truth rules are generically valid (or truth-conducive) is not in itself controversial. Also, if there is an answer to the question of which of these are also strictly valid, then the claim that generic validity is the central notion in logic is at most an interest-relative matter, since there is then also a fact of the matter as to which inference rules are (not) strictly valid. If no solution operating with strict validity to the paradoxes can be had, however, then the claim that validity should be identified with a weaker notion is better motivated. I argue that it is reasonable, in view of past failures, to conjecture that no ordinary solution will score high enough relative to standard (uncontroversial) desiderata to merit justified belief. Hence, it is unknowable which solution is correct. I further argue that this is best explained by its being metaphysically indeterminate which solution is correct. If this conjecture is true, then we ought instead to think of validity as allowing exceptions, and then take the “true logic” to be one that takes both the classical rules and the truth rules to be valid, i.e., truth-conducive. This logic scores very high on the desiderata on logics, and is therefore preferable to any logic operating with strict validity. (shrink)

As global governance institutions proliferate and become more powerful, their legitimacy is subject to ever sharper scrutiny. Yet what legitimacy means in this context and how it is to be ascertained are often unclear. In a previous paper in this journal, we offered a general account of the legitimacy of such institutions and a set of standards for determining when they are legitimate. In this paper we focus on the legitimacy of the UN Security Council as an institution for (...) making decisions concerning the use of military force across state borders. The context for this topic has changed over the last decade as a result of the ongoing development of the responsibility to protect (RtoP) doctrine and extensive discussions about it in the United Nations. Yet the mostly widely accepted proposals for RtoP still require Security Council authorization for forceful intervention, and strictly limit the conditions under which such intervention may take place. (shrink)

The contribution argues that causal interpretations of empirical correlations between neural and conscious events are meaningful even if not fully verifiable and that there are reasons in favour of an epiphenomenalist construction of psychophysical causality. It is suggested that an account of causality can be given that makes interactionism, epiphenomenalism and Leibnizian parallelism semantically distinct interpretations of the phenomena. Though neuroscience cannot strictly prove or rule out any one of these interpretations it can be argued that methodological principles favour a (...) causal interpretation on epiphenomenalist lines, both for reasons of metaphysical parsimony and for reasons of coherence with established physical principles such as the conservation of energy. In the concluding chapter, some of the philosophical and the empirical challenges following from this model are outlined, the most important being closer scrutiny of the neurophysiological processes accompanying conscious volition. (shrink)

In ‘What Has Philosophy to Learn from Tort Law?’, Bernard Williams reaffirms J. L. Austin’s suggestion that philosophy might learn from tort law ‘the difference between practical reality and philosophical frivolity’. Yet while Austin regarded tort law as just another repository of time-tested concepts, on a par with common sense as represented by a dictionary, Williams argues that ‘the use of certain ideas in the law does more to show that those ideas have strength than is done by the mere (...) fact that they are part of the currency of common sense’. But what does it mean to show that ideas or concepts ‘have strength’? How does conceptual strength relate to the distinction between practical reality and philosophical frivolity? And what special features of the law are supposed to make it a better test of conceptual strength than common sense? In this chapter, I reconstruct and develop Williams’s answers to these questions. I show why Williams believes that we need to test the concepts forming the currency of common sense against practical reality as embodied by legal practice; I identify seven features of tort law that make it particularly suitable to act as such a test; I distinguish three respects in which concepts can show strength, and unpack Williams’s metaphor of microwave-resistant concepts: concepts capable of holding and presenting material for intense critical scrutiny without succumbing to it themselves; lastly, I show how philosophy can learn to identify systematically weak concepts, and the limits of otherwise valuable concepts, by considering which concepts fail the test. (shrink)

Although primarily addressed to the general reader, the introduction and the last chapters of this work strike straight at reactionary philosophers who obstruct the philosophers who are honest searchers for wisdom. John Dewey was the most famous teacher of philosophy in the early twentieth century, and he was known for his lifelong work to reform America's educational system. Dewey was born in Burlington, Vermont in 1859 to strict Calvinist parents. After graduating from the University of Vermont, Dewey taught high (...) school and studied philosophy in his spare time. He finished his doctorate degree at Johns Hopkins University and continued to teach at various universities around the country, finally landing at Columbia University. While in New York, Dewey became involved in political groups and founded what would become the progressive education movement, which purported that students should learn to think for themselves to become active participants of a democratic society. He was also a founding member of the NAACP and the ACLU. At this time, Dewey was influenced by Karl Marx, and after traveling to different countries to study their educational systems, praised Soviet education and came under scrutiny in the United States. Dewey continued his political and philosophical efforts until his death in 1952. (shrink)

Though animal ethics in sport obviously applies most urgently to cases of animals at mortal risk (e.g., hunting and bullfighting) or vulnerable to various types of abuse (e.g., doping and harmful training practices), less obvious domains bear scrutiny as well. Here I examine whether we can strictly take not just riders but horses to be players in equine sports. There is an apparent tension in the concept of equestrian prowess, a peculiar blend of skills and attitudes, between regarding horses (...) as subjects of persuasion or collaboration and treating them as objects of control. As our understanding of animal cognition and behaviour continues to improve, it becomes increasingly clear that animal intelligence and agential capacities are far greater than we formerly presumed. In this light, using Suits’s theory of games, I argue that horses are game players that sometimes consent (or assent) and sometimes refuse to play equine sports. Drawing on recent accounts of horse-rider partnership and on my own equestrian background, I conclude by sketching a utopian vision of what equine sports could be. (shrink)

As frequently pointed out in this discussion, one of the most characteristic features of Mayr's approach to the history of biology stems from the fact that he is dealing to a considerable degree with his own professional history. Furthermore, his main criterion for the selection of historical episodes is their relevance for modern biological theory. As W. F. Bynum and others have noted, the general impression of his reviewers is that “one of the towering figures of evolutionary biology has now (...) written a towering history of his discipline.”138 Bynum is here referring to The Growth of Biological Thought, but this observation holds equally true for Mayr's other historical writings: One must surely read this book [One Long Argument] not only for its content in itself, but for what it tells of its author. And certainly as one does so, one comes away full-handed. Many, if not all, of the disputes and controversies that have driven Mayr through his long intellectual life reappear, stated as forcefully and elegantly as ever.139Up to this point, most reviewers agree; the bone of contention is, rather, how to evaluate Mayr's historical work, considering this observation. The two related characteristics of his work-I will call them subjectivity and presentism-stand in opposition to a widespread approach in the history of science exemplified by Kuhn's suggestion that “insofar as possible..., the historian should set aside the science that he knows. His science should be learned from the textbooks and journals of the period he studies.”140 There are, however, historians who consider the close connection between Mayr and the subject matter of his historical studies to be an advantage.141On the other hand, it is assumed that the connection between past and present must result in a distortion of the historical truth and lead to a historiographical fallacy, commonly referred to as “Whig history”. Herbert Butterfield, who in 1931 gave the term its now generally accepted meaning, believed that “real historical understanding is not achieved by the subordination of the past to the present, but rather by our making the past our present and attempting to see life with the eyes of another century than our own”142. Unfortunately, Butterfield's definition of what he considers Whig history remains somewhat vague, and modern authors have emphasized what they consider most important. Butterfield's “subordination of the past to the present” is referred to in respect to the selection of subjects (there are more biographies of Charles Darwin than of, let's say, Louis Agassiz),143 to the evaluation of historical authors,144 or, more generally, to all kinds of histories “with one eye, so to speak, upon the present.”145 The underlying tendency of Whig historians is to produce a “historical account told from the viewpoint of those in power,”146 leading to a “glorification of the present.”147 It is obvious that Mayr's strongly presentist approach to the history of biology can be called Whiggish, if we apply the criteria of “selection” or “reference.” However, it might be worth mentioning that the program of writing a strictly historicist account of the history of science is challenged by various authors.148 For Mayr, it is not only legitimate but necessary to compare the present situation with the past. “Whiggish” is only the evaluation of an author in terms of our time.149I cannot discuss the Whit/anti-Whig controversy in any detail here, apart from saying that Mayr has defended himself rather extensively against the charges of being Whiggish.150 Nevertheless, it may be useful to touch on some of the criticisms that are predominant in reviews of his writings. First, we encounter the notion that historians can write a true and convincing historical account only if they have no personal interest or interpretation of their own; Mayr, on the other hand, because he “has such strong interpretations of his own, ... cannot possibly convince everyone that he is right about everything.”151 It makes one wonder, what historian has ever been able to convince everyone that he or she is right about everything? But apart from this peculiar idea, it unquestionably poses certain dangers if the subject matter of historical scrutiny and the author are identical. At the same time, this identity brings certain advantages with it, especially firsthand experiences of the period in discussion. Whether these personal memories ultimately result in a distorted picture of the past has to be decided in every particular instance. The notion that a scientific study can be conducted by a completely detached observer from a neutral standpoint has been shown to be impossible in physics, and it is also an illusion in historiography. The question is not whether, but which kind of interest are the underlying motivation for a historian. At this point, Mayr is ahead of his critics when he suggests that our understanding of the past always has a subjective component: The main reason, however, why histories are in constant need of revision is that at any given time they merely reflect the present state of understanding; they depend on how the author interpreted the current zeitgeist of biology and on his own conceptual framework and background. Thus, by necessity the writing of history is subjective and ephemeral.152Second, the temporal proximity between the event and the historical analysis makes difficulties inevitable and will finally result in certain false assessments. But this applies to all historians when they discuss recent problems, regardless of whether they are personally involved or not: As long as the battle between Darwinism and Lamarckism was raging, it was quite impossible to undertake an unbiased evaluation of Lamarck. ...[The] definite refutation of Lamarck's theory of evolutionary causation clears the air. We can now study him without bias and emotion and give him the attention that this major figure in the history of biology clearly deserves.153Third, Mayr is primarily interested in biological problems and not, for instance, historiographical, sociological, or psychological questions. Several authors have remarked that since the beginning of the professionalization of the history of science in the 1960s, a rift between two groups has developed, resulting from the heterogeneous professional backgrounds and interests of the people involved: the authors who were originally biologists and became interested in the history of their discipline only later on, and the authors who were trained as historians.154 Whereas the first group, the “biologists,” tend to be laymen in history proper, the “historians” are in most cases laymen in biology. Different professional backgrounds obviously shape the historical perspective in both groups, but neither approach is necessarily superior. The great number of important books in the history of biology written by “biologist” documents how valuable this point of view can be. On the other hand, it cannot be denied that the writings of biologists in the history of science tend to have a strong “internalist” tendency and often neglect the professional, cultural, and political context of science. Mayr's approach is that of a “biologist”; it is “internalist,” and typical for scientists who turn to the history of their discipline.I want to conclude my analysis with a quotation from a review by Douglas J. Futuyma, which gives a perceptive glimpse of Mayr's personality and style: One cannot help standing in awe of the germanic capacity for vast, allembracing synthesis: consider the lifelong devotion of Goethe to Faust, or Wagner's integration of the arts into a Gesamtkunstwerk in which all of human history and experience is wrought into epic myth. It is perhaps in this tradition that Ernst Mayr's The Growth of Biological Thought stands: a history of all of biology, a Ring des Nibelungen complete with leitmotivs such as the failures of reductionism, the struggle of biology for independence from physics, and the liberation of population thinking from the bounds of essentialism.155 Within this style of thinking Mayr has “to offer...nothing less than a vision of biology that places neodarwinian evolutionary theory firmly at the centre.”156 There may be other visions of biology, but few of them have as indefatigable and able representatives as Darwinism has in Ernst Mayr. (shrink)

Embodied self-reflection goes beyond strictly rational thinking – we are thinking beings after all, for it includes our tacit concrete knowledge, as Michael Polanyi and David Bohm would describe the thinking that is implicit in our abilities to know how to do things such as knowing how to ride a bicycle. Polanyi describes this knowledge as: “[knowing] more than we can tell.” To become aware of the thinking below the surface of rational thinking is very challenging. Yet that is exactly (...) what is required for any kind of self-awareness and self-transformation to take place. To become aware of our own thinking essentially means becoming aware of oneself as a witness to our own thinking in the process of thinking. Bohm understands thinking as a movement and similarly to becoming aware of our physical movements through proprioception, so too can we become aware of our thinking as a movement. Proprioception of thinking implies proprioception of embodied thinking. -/- (Self-)reflection is (self-)examination or (self-)scrutiny is a process that requires the courage to question one’s self and with it the touchstones underlying our identity. This process is a form of parrhesia, for parrhesia is essentially also a form of infinite questioning, and which can also be applied to questioning the self. (shrink)

This paper examines the General Agreement on Trade in Services (GATS), which is one of the World Trade Organisations free trade agreements. In particular, I examine the extent to which the GATS unduly restricts the scope for national democratic choice. For purposes of illustration, I focus on the domestic health system as the subject of policy choice. I argue that signatories to the GATS effectively acquire a constitutional obligation to maintain a domestic health sector with a certain minimum degree of (...) privatisation. Like constitutional obligations, the restrictions the GATS imposes on the freedom of future generations to structure their domestic health sector are (i) very difficult, though not strictly impossible, to alter; and (ii) not chosen in any ordinary sense by the subject generation. To gain democratic legitimacy, therefore, the relevant provisions of the GATS must pass some higher standard of democratic scrutiny, such as ratification by a super-majority. Ordinary legislative ratification does not suffice. (shrink)

During the latter half of the twentieth century, many philosophers in Europe and America turned towards social pragmatist and holistic accounts of concepts and theories. In this paper, I make the case that many forms of relativism—moral and otherwise—that emerge from this turn are misguided. While we must always operate from some framework of practices in which things may serve as reasons for us, most forms of relativism in recent decades have more boldly granted us immunity from external rational (...) class='Hi'>scrutiny. I argue that this strong form of relativism is possible only with sharp divisions between communities of speakers that I call “strict boundaries” and that these are implausible. We are left with the possibility of social pragmatist theories that do not entail strong relativism. (shrink)

In their recent book Philosophical Foundations of Neuroscience, Max Bennett and Peter Hacker attack neural materialism (NM), the view, roughly, that mental states (events, processes, etc.) are identical with neural states or material properties of neural states (events, processes, etc.). Specifically, in the penultimate chapter entitled “Reductionism,” they argue that NM is unintelligible, that “there is no sense to literally identifying neural states and configurations with psychological attributes.” This is a provocative claim indeed. If Bennett and Hacker are right, then (...) a sizeable number of philosophers, cognitive scientists, neuroscientists, etc., subscribe to a view that is not merely false, but strictly meaningless. In this article I show that Bennett and Hacker's arguments against NM, whether construed as arguments for the meaninglessness of or the falsity of the thesis, cannot withstand scrutiny: when laid bare they are found to rest upon highly dubious assumptions that either seriously mischaracterize or underestimate the resources of the thesis. (shrink)

In this essay, I approach issues of post-truth and fake news from the perspective of “ignorance studies,” a fairly recent multidisciplinary area of scholarship. It looks at epistemology from the opposite direction adopted by traditional theorists of knowledge, seeing if analyzing ignorance can shed light on knowledge and truth in new ways. After looking at examples of ignorance from a common-sense standpoint informed by my dual careers as a philosopher and a journalist, I argue in the first half that journalists, (...) like philosophical pragmatists and scientists, make the best knowledge judgments they can at a particular time, conscious that future context and circumstances may alter their judgments. Journalists, I note, also often choose to be ignorant of less important facts, part of the inevitable selectivity required when covering news. In the second half of the essay, I seek to address a fresh, traditionally philosophical issue in journalism—the widespread use by reporters of casual generalizations not backed up by rigorous empirical investigation. I suggest that readers may tolerate such generalizations because they recognize them to function rhetorically as something other than strict truth claims. At the same time, many thinkers, from Machiavelli to William Blake, have heavily criticized generalization, and most people repudiate insulting generalizations, such as racial slurs. I end by strongly advising greater scrutiny of journalistic generalizations by both philosophers and media professionals. (shrink)

PETER KNAUER'S CONCEPTION OF MORAL CHOICE ON THE ANTHROPOLOGICAL CREAITVENESS IN MODERN MORAL THEOLOGY Summary The author undertakes a critical analysis of the ethical views of Peter Knauer who is one of the most influential theological moralist today. The author tends to show the consequences of Knauer's theory which consequences are destructive for morality. The first part of the paper presents Knauer's standpoint in view of the conception of moral choice and shows three crucial points of his system. They are (...) the following: the definition of moral good (lightness) in its relation to physical good; the reinterpretation of the principle of double effect which reinterpretation reduces that principle to its "Ideological explanation"; and, finally, the conception of the so-called non-counterproductivity which decides whether an activity is right. That non-counterproductivity is comprehended as an all-embracing correspondence between the goals which the subject has chosen and means which the subject has taken in order to accomplish the goals. In the second critical part one finds some questions related to the immanent critique of the discussed theory and some consequences of Knauer's claims. If one applies his assumptions strictly, it turns out that in his model of morality there is no place for such an activity of man which, at the same time, would be both rational and free, i.e., sensu stricto moral. In view of Knauer's system the criteria of moral evaluation, which criteria he proposed, do not hold sense. Thus morality and ethics lose their essential normative character. Consequently, the system under scrutiny leads to an antipersonalistic vision of both an individual and society, and in terms of eternity it seems to dismiss the possibility of recognizing the existence of Absolute. The theory rejects values for the sake of which it was construed. Translated by Jan Kłos. (shrink)

This article revisits a famous staple of the Vergilian tradition, Servius's heavily contested scholion on the actress Volumnia Cytheris's theatrical rendition of Vergil's sixth Eclogue. By shifting the focus of inquiry from the strictly historical question ‘ did it happen?’ it cuts through, identifies and disentangles a nexus of prejudices which have led to the devaluing of Servius's information. The sidelining or dismissal of this piece of evidence, I argue, has more to teach us about our own culturally entrenched and (...) discipline-inherited assumptions than about what could have happened in late Republican Rome. Scrutiny of the evidence on the stage re-mediation of high poetry suggests it is entirely plausible that Cytheris would have performed a theatricalized version of Vergil's masterpiece. Indeed at the very heart of the story lies the convergence between élite poetry and the world of professional stage artists. Moreover, Cytheris's possible performance of a repertoire that coincides with the mythological core of pantomime dancing in its artistic maturity opens pivotal questions concerning what Plutarch aptly calls the “full association and mutual entanglement” between the arts of poetry and dance. Taking Servius seriously gives us the impetus to explore more decisively dimensions of Roman life that have been messily sidelined as a result of the systematic privileging of “texts” in our surveys of Roman intellectual landscapes over the centuries. Even if Servius's extract turned out to be no more than a “myth”, an “anecdote”, as such narratives go, this is an incredibly helpful one, provided we are willing to press it into the service of larger inquiries regarding the “circulation” of cultural energy between élite and popular culture. (shrink)

The joint forces of information and biological technologies are shaping us in ways that defy our traditional views about the figures of the human. Moreover, determinist tendencies favoured by scientists and the seemingly autonomy of technology development are creating a conceptual framework that privileges the search for technological answers concerning many of the human problems, keeping at the margin questions pertaining to the symbolic realm. The prevailing atmosphere nurtures the emergent composition of the natural and the artificial. It is this (...) reconfiguration that needs to be deconstructed. In the present situation we must take the problem of the public understanding of science and technology very serious and, in particular, we must develop a critical stance in order to uncover problematic presuppositions and expose to view the idea that technoscientific development is, in its nature, inevitable and desirable. Technoscientific development and its social and cultural consequences are neither facts inscribed in nature nor results strictly produced by technical reasoning. As social and cultural subjects and objects, they must be under the scrutiny of all interested and debated in the public sphere. (shrink)

"œLuis Villoro y el canon cartesiano de la evidencia"La lectura ortodoxa o canónica de los textos filosóficos cartesianos supone que el clásico cree haber hallado fundamentos intrí­nsecamente evidentes e irrebatibles para normar según ellos las pretensiones de conocimiento. Esta serí­a la única manera de resistirse al escepticismo extremo. El libro de Villoro sobre Descartes investiga cómo podrí­an satisfacerse rigurosamente estos postulados y formula una propuesta sustantiva que parece expresarse en ciertas teorí­as cartesianas. Sin embargo, éstas deben separarse de otras muchas (...) doctrinas dogmáticas presentes en el corpus, que Villoro señala y rechaza. En el trabajo se examina y desecha la pretensión de validez de la teorí­a que propugna Villoro, y apoyándose en su aguda crí­tica a Descartes, se argumenta en contra de la interpretación canónica en su conjunto."œLuis Villoro and the cartesian canon of evidence"Orthodox or canonical understanding of cartesian philosophy supposes that, as the only way to resist extreme scepticism, Descartes advocates for intrinsically indubitable grounds for knowledge claims. In his book on Descartes, Luis Villoro investigates how these desiderata could possibly be satisfied in a rigorous way. He concludes with a substantive proposal, which according to himself, is plausibly expressed by some of Descartes"™ theories. These must be strictly separated from other, merely dogmatic doctrines present in the corpus. In this essay, I first subject to scrutiny the validity claim of the theory advocated by Villoro, and in a 2nd. section, starting from Villoro"™s analysis, argue in general against the canonical understanding of Descartes. (shrink)

Has history assigned special obligations to Germans that can transcend generation borders? Do the grandchildren of Holocaust perpetrators or the grandchildren of inactive bystanders carry any obligations that are only related to their ancestry? These questions will be at the centre of this investigation. It will be argued that five different models of justification are available for or against transgenerational obligations, namely liberalism, the unique evil argument, the psychological view, a form of consequentialist pragmatism and the community‐based approach. Only two (...) of these models stand up to philosophical scrutiny. Applying the community‐based model leads to the conclusion that young Germans do indeed have indirect, indeterminate, but strict obligations that transcend generation borders. However, it will be argued that only the obligation of compensation can be restricted to Germans. The remaining two Holocaust‐related obligations of prevention and remembrance have to be seen as universal. (shrink)

Now that the United States is again considering going to war, it is timely to reassess the last war fought by the Bush Administration. Was the war in Afghanistan a just war? If not, our scrutiny of present moves towards another US-initiated war will need to be that much more strict.

Various etymologies have been proposed for Arabic allāh but also for Syriac allāhā. It has often been proposed that the Arabic word was borrowed from Syriac. This article takes a comprehensive look at the linguistic evidence at hand. Especially, it takes into consideration more recent epigraphical material which sheds light on the development of the Arabic language. Phonetic and morphological analysis of the data confirms the Arabic origin of the word allāh, whereas the problems of the Syriac form allāhā are (...) described, namely that the Syriac form differs from that of other Aramaic dialects and begs explanation, discussing also the possibility that the Syriac word is a loan from Arabic. The final part considers qur’anic allāh in its cultural and literary context and the role of the Syriac word in that context. The article concludes, that both, a strictly linguistic, as well as cultural and literary analysis reveals a multilayered interrelation between the two terms in question. The linguistic analysis shows, that Arabic allāh must be a genuinely Arabic word, whereas in the case of Syriac allāhā, the possibility of both, a loan and a specific inner-Aramaic development are laid out. Apart from linguistic considerations, the historical and cultural situation in Northern Mesopotamia, i. e. the early Arab presence in that region is taken into scrutiny. In turn, a possible later effect of the prominent use of Syriac allāhā on the use in the Qur’an is considered. It is emphasized, that we are presented with a situation of prolonged contact and exchange, rather than merely one-way borrowings. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Some Sources for Hume's Opening Remarks to Treatise LIVJII Graham Solomon Hume opens Book I, Part IV, Section III of the Treatise with these remarks: Several moralists have recommended it as an excellent method ofbecoming acquainted with our own hearts, and knowing our progress in virtue, to recollect our dreams in a morning, and examine them with the same rigour, that we wou'd our most serious and deliberate actions. (...) Our character is the same throughout, say they, and appears best where artifice, fear, and policy have no place, and men can neither be hypocrites with themselves nor others. The generosity, or baseness of our temper, our meekness or cruelty, our courage or pusilanimity, influence the fictions of the imagination with the most unbounded liberty, and discover themselves in the mostglaring colours. Who were these moralists? One looks in vain in the work of Malebranche, Locke, Shaftesbury and Hutcheson for such a recommendation. Did anyone make that recommendation? One moralist who did was "John Shadow," in a letter to Joseph Addison published in The Spectator, no. 586, 27 August 1714. Addison introduces Shadow's letter with the remark that it "is built upon a thought that is new, and very well carried on; for which Reasons I shall give it to the Publick without Alteration, Addition, or Amendment." I quote at length, for easy comparison with Hume: Sir, It was a good Piece of Advice which Pythagoras gave to his Scholars. That every Night before they slept they should examine what theyhad been a doing that Day, and so discover what Actions were worthy of Pursuit to Morrow, and what little Vices were to be prevented from slipping unawares into a Habit. If I might second the Philosopher's Advice, it should be mine, That in a morning before my Scholar rose, he should consider what he had been about that Night, and with the Volume XVI Number 1 57 GRAHAM SOLOMON same Strictness, as if the Condition, he has believed himself to be in, was real. Such a Scrutiny into the Actions ofhis Fancy must be of considerable Advantage, for this Reason, Because the Circumstances which a Man imagines himself in during Sleep, are generally such as entirely favour his Inclinations good or bad, and give him imaginary Opportunities of pursuingthem to the utmost; so thathis Temper will lye fairly open to his View, while he considers howitis moved when free from those Constraints which the Accidents ofreal Life put it under. Dreams are certainly the Result of our waking Thoughts, and our daily Hopes and Fears are what give the mind such nimble Relishes of Pleasure, and such severe Touches ofPain, in its Midnight Rambles. AMan that murders his Enemy, or deserts his Friend in a Dream, had need to guard his Temper against Revenge and Ingratitude, and take heed that he be not tempted to do a vile thing in Pursuit of false, or the Neglect of true Honour... I think it has been observed in the Course of your Papers, how much one's Happiness or Misery may depend upon the Imagination: ofwhich Truth those strange Workings ofFancy in Sleep are no inconsiderable Instances; so that not only the Advantage a Man has ofmaking Discoveries ofhimself, but a Regard to his own Ease or Disquiet, may induce him to accept ofmy Advice... Shadow has been identified as the poet John Byrom by various of the later editors of The Spectator? Of these, D. F. Bond footnotes Byrom's reference to Pythagoras, noting the publication in English of André Dacier's The Life ofPythagoras, with his Symbolism and Golden Verses; together with the Life ofHierocles, and his Commentaries upon the Verses. Bond notes Hierodes' comments on the following Verses: Never suffer Sleep to close thy Eye-lids, after thy going to Bed, Till thou hast examin'd by thy Reason all thy Actions of the Day Wherein have I done amiss? What have I done? What have I omitted that I ought to have done? If in this Examination, thou find that thou hast done amiss, reprimand thy self severely for it: And if thou has done any Good, rejoice. Dacier cites Porphyry and Marcus Aurelius... (shrink)

Analytic history is the legitimate successor of philosophy of history. To speak of laws that predict historical succession no longer seems justified. Nonetheless, generally valid statements about "invariances" continue to be necessary conditions of any objective analysis. Historicism has often confused formal methods and material content and thus erroneously denied important generalizations. A close examination of historical action shows the need for rules, or codes, as frameworks for any action. Such rules or codes condition but do not cause, or determine, (...) individual actions. Since these rules are subject to rational scrutiny, they are able to provide an objective understanding of history. Among all conceptual tools, the founding function is the most powerful one. Thus, the vague statement that culture is dependent on society becomes amenable to a strict logical formulation, which culminates in a formula expressing the categories of historical description. (shrink)

Perhaps the most striking aspect of Polybius’ work is the frequency with which the historian pauses his historical narrative and embarks upon digressions, including entire books devoted to the topics of geography, historiography and, most famously, the discussion of the Roman constitution in Book 6. Such digressions have naturally drawn the attention of modern scholars, but in the past the tendency in Polybian scholarship had been to read such digressions in isolation, and even to deny their relevance outside of their (...) immediate context. While it is true that these digressions cannot be regarded as strict blue-prints upon which Polybius’ historical narrative is to be precisely mapped, more recent scholarship has suggested that such passages are not as irrelevant to this narrative as they had for a long time appeared. Moreover, a parallel trend in Polybian scholarship is currently calling for a renewed focus into the composition of his historical narrative in order to apply the level of scrutiny to the text of Polybius previously reserved, for example, for his more famous predecessors, Herodotus and Thucydides. An appropriate recognition of the relationship between the more famous passages of Polybius’ work found in his digressions and the broader narrative of historical events will help to alleviate this deficiency. Careful study of the text of Polybius in this manner will reveal that his historical narrative does not simply represent a bare record of historical facts but is rather composed by the historian in a way that demonstrates and reinforces the principles presented in the more abstract digressions, which have attracted more attention. (shrink)

Has history assigned special obligations to Germans that can transcend generation borders? Do the grandchildren of Holocaust perpetrators or the grandchildren of inactive bystanders carry any obligations that are only related to their ancestry? These questions will be at the centre of this investigation. It will be argued that five different models of justification are available for or against transgenerational obligations, namely liberalism, the unique evil argument, the psychological view, a form of consequentialist pragmatism and the community-based approach. Only two (...) of these models stand up to philosophical scrutiny. Applying the community-based model leads to the conclusion that young Germans do indeed have indirect, indeterminate, but strict obligations that transcend generation borders. However, it will be argued that only the obligation of compensation can be restricted to Germans. The remaining two Holocaust-related obligations of prevention and remembrance have to be seen as universal. (shrink)

Ethical issues in non-financial auditing are increasingly under scrutiny and questions have been raised about the impartiality and independence of audits. Among many other problematic issues, firms have discretion to select their assurance providers and are also required to cover the cost of the audit. Previous literature highlighted several consequences of this competitive and client-driven environment. However, research has mainly focused on firm-level investigation of the consequences—in this paper, we enhance this research by also considering assurance providers. Our approach (...) is grounded in legitimacy and institutional perspectives and we study how organizational motives and selection of assurance providers impact the benefits arising from the audit. In particular, we assume that firms select their assurance providers on the basis of audit strictness (substantial auditing) and market credibility (symbolic auditing) and we study the operational and market benefits that arise from the audit. Based on the data collected from 597 firms, we demonstrate that internal motives drive firms to be more likely to select assurance providers that offer audit strictness, while external motives drive firms to be more likely to select assurance providers that offer market credibility. The findings further show that assurance providers associated with auditing strictness have a stronger effect on operational benefits compared to assurance providers that offer market credibility. We also find that firms’ motives alone are important in driving the benefits achieved. These findings provide a basis for exploring the ethical implications of non-financial auditing. (shrink)

It is necessary for us to know a methodological shift from Chinese philosophy to western A(nalytic) P(hilosophy). There is a unique pattern for some being partial to AP but others, to P(hilosophy) of L(anguage) in China. Simply, this unique pattern arises from different professional perspec­tives or preferences, namely, people from philosopher background see the same thing (“PL is nearly synonymous with AP”, Nicholas Bunnin and JiyuanYu 2001:755) with an analytic preference, while people from F(oreign) L(anguage) S(tudies) teacher background see, with (...) a linguistic preference. The focus of this paper is on a narrow scrutiny of 5 case studies, which are regarded by the author as an explanation of the basic elements of the Post-A(nalytic) P(hilosophy) of L(anguage) in China. The epitome of the PAPL is mainly the heavy dependence upon the Chinese language, the strict insistence on the analysis of language and the hot pursuit of some new problems on the basis of western AP. However, the other colorful styles of doing the classic APL are keeping pace actively and effectively with the PAPL in the world of FLS at home. (shrink)

When Robert Boyle returned from his studies abroad in 1644, he found an England splintered into religious sects, each claiming to have attained a uniquely true understanding of the Christian religion. While trying to formulate an appropriate response to these various claims to truth, Boyle first expressed his views on the limits of human understanding. ;The members of one of these sects, the Socinians, claimed, specifically, that human reason is the criterion against which alternative and conflicting interpretations of disputed scriptural (...) passages should be judged. During the 1650s, 1660s, and 1670s, arguments for the limits of human understanding evolved from being used to oppose Socinianism to being used to protect the mysteries of strict Calvinism from the rational scrutiny of its Anglican opponents. ;In 1681 Boyle developed and published his own arguments for the limits of human understanding, not in order to protect the mysteries of strict Calvinism from rational scrutiny, but instead to show that one cannot legitimately claim both that the mysteries of Christianity are "above reason" and that one has reached a uniquely correct understanding of those views. ;In "Robert Boyle and the Limits of Reason: A Study in the Relationship between Science and Religion in Seventeenth-Century England," I show that there is a close parallel between Boyle's views on the limits of human understanding in the context of theology and his views on the limits of understanding in the context of natural philosophy, and argue that Boyle's views on reason's limits affected his conception of the proper goals and methodology of the new natural philosophy. Further, I argue that Boyle's views on the limits of human understanding in the context of theology were logically prior to his views on reason's limits in the context of natural philosophy. Boyle believed that God, in creating human beings, deliberately limited reason's power and extent; it is this starting-point from which Boyle's arguments concerning the limits of reason's competence flow. (shrink)

From a retail environment, we reflect on the unity of knowledge as valuable in a business context, and from an Ignatian perspective, consider a reflexion of knowledge transfer practitioners to elementary cognition. We deliberate why, despite decades of analytical scrutiny, agreement around the transfer of knowledge into a value item within a business milieu, remains troublesome and problematic. We ask if perspectives derived from an Ignatian domain can allow for alternative elements of analysis and reasoning, becoming more complementary within (...) a business environment. Utilising a mixed method approach incorporating (n=6) participants, the study considered responses overarched by Ignatian rules of sentiment as an interpretive lens (n=18), and utilised a hermeneutic of discernment as a frame of reference. Drawn from a POPC frame of reference, Ignatian annotations (n=20) allow a linear dependence of correlation coefficients to support a correlation matrix. Although not strictly a research method, correlation analysis in this instance permits antipodal interpretation of content between the rules supporting spiritual exercises, and decisions taken by employees and managers. Thus, enabling the study to identify latent causality patterns within organisational decision-making processes. (shrink)

In an effort to reassess the status of Phenomenology of Perception and its relation to The Visible and the Invisible, this essay argues that Merleau-Ponty's engagement with Husserl's text and his discussion of the “field of presence” in La temporalité are intended to think through the field in which time makes its appearance as one of passage. Time does not show itself as presence or in the present but manifests itself as Ablauf, as lapse or flow, an écoulement that is (...) simultaneously an explosion, an éclatement. Merleau-Ponty's account of temporality in these pages is thus legible as recovering the primordial experience of time as a self-differentiating déhiscence in its dual power of articulation and erosion. Time is thus simultaneously the vehicle of the world's appearance and of its “disarticulation”, the passage of a rhythm of affirmation and disintegration. Merleau-Ponty's account of temporality in Phenomenology of Perception is oblique, somewhat fragmentary and circuitous.11 References to Merleau-Ponty's works cite the French followed by the English translation. I will use the abbreviation PhP for Phenomenology of Perception and VI for The Visible and the Invisible. Other texts by Merleau-Ponty will be referenced by the title. References to Husserl and Heidegger use the German followed by the translation. I will use the abbreviations ZB for the Zeitbewußtsein lectures; FT for Formale und transzendentale Logik; EU for Erfahrung und Urteil; and SZ for Sein und Zeit. View all notes While of course this phenomenon comes under close scrutiny in La temporalité, a brief inspection of this text as a whole finds it to be virtually everywhere.22 The theme of temporality is introduced as early as the Preface to Part I, “Experience and Objective Thought” and appears again in almost every subsequent chapter: the first chapter of Part I ; in his discussion on number blindness and Goldstein's patient known as Schneider in La spatialité du corps et la motricité ; in the sexuality chapter ; in the discussion of memory in La corps comme expression et la parole ; in Le sentir ; in the discussion of depth in L'espace ; in La chose et le monde naturel ; in Autrui et le monde humain and in Le cogito. Rather than providing the perhaps much called for synopsis of these scattered accounts of time or trying to locate a unified account in Phenomenology of Perception through such a synopsis, this essay will focus only on La temporalité, particularly the discussion of Husserl's diagram from the Zeitbewußtsein and the “champ de présence”. View all notes It is this apparent ubiquity that will motivate scholars such as Renaud Barbaras to claim that “… the entire structure of Phenomenology of Perception rests on a chapter devoted to temporality”.33 Barbaras The Being of the Phenomenon, 218. View all notes In spite of this ubiquity and apparent centrality, however, the treatment of temporality seems to neglect a systematic and thoroughgoing approach, and whether this work manages to address this theme with a sufficient degree of rigor remains open to debate. Furthermore, beyond the scattered and fragmented appearance of temporality in the text, the chapter devoted to its exploration contains numerous, well-recognized problems.44 Merleau-Ponty's misinterpretation of Bergson in this chapter has received much warranted attention. Alia Al-Saji, for example, has criticized Merleau-Ponty's account of temporality in this chapter of Phenomenology of Perception for this misreading as well as its perhaps too uncritical infatuation with Husserl and his emphasis on presence. See Lawlor Thinking Through French Philosophy, Al-Saji “The Temporality of Life” and “A Past Which Has Never Been Present” and Barbaras “The Turn of Experience”. View all notes Among these difficulties, Merleau-Ponty's engagement with Husserl's lectures on time-consciousness, the Vorlesungen zur Phänomenologie des inneren Zeitbewußtseins,55 The 1928 publication of the Zeitbewußtsein, edited by Heidegger, is what appears in the bibliography of Phenomenology of Perception. This version, from the Jahrbuch für Philosophie und phänomenologishe Forschung, as Brough notes, appears as “Part A” of Husserliana X. The notes that constitute this version of the text, furthermore, as Heidegger mentions in his preface to the Jahrbuch version and which Brough repeats were heavily edited by Husserl's assistant at the time, Edith Stein. Merleau-Ponty's references to the Zeitbewußtsein cut across various moments of the text and do not focus on one section in particular, and in fact, he actually references section 11, “Urimpression und retentionale Modifikation”/“Primal impression and retentional modification” in his discussion of the field of presence. As Al-Saji has noted, the extent to which Merleau-Ponty's account of time in La temporalité centres the account of time on “the living present” can be shown to be at play behind the misreading of Bergson. While I do not wish to dispute the specifics of her compelling reading, it is nonetheless worth noting that Al-Saji's reading of the Zeitbewußtsein only focuses on Appendix V, “Gleichzeitigkeit von Wahrnehmung und Wahrgenommenem”/“Simultaneity of Perception and the Perceived”. View all notes looms large, as it seems that his discussion of what he designates as le champ de présence or “field of presence” commits him to the ontological primacy of the present in his account of time. As a result, this earlier work appears to confine itself to a metaphysics organized around the privilege and authority of the present in establishing the structure of time.66 Leonard Lawlor has convincingly argued against this interpretation. Following the famous remark at the end of Le Sentir about “a past which has never been present”, Lawlor argues that precisely because Merleau-Ponty's critique of Bergson is a straw man – that is, because his critique of Bergson is based on a misreading – a closer inspection of Le Sentir and La temporalité shows Merleau-Ponty to be committed to the ontological primacy of an “originary” past. See Lawlor Thinking Through French Philosophy, 89. Marratto, following Lawlor, takes up the charge of a metaphysics of presence in Phenomenology of Perception in dialogue with Derrida. Marratto argues that Derrida's reading selectively overlooks “the very imporant dimensions of difference, discontinuity, and delay and non-self-presence in Merleau-Ponty's descriptions”, located particularly in the latter's theory of subjectivity. I agree with Marratto's assessment, and my aim here is to deepen it by turning in more detail to La temporalité. View all notes This apparent commitment to the ontological primacy of the present, for some readers, has also functioned as an index for tracking the revision of Phenomenology of Perception that is said to figure in The Visible and the Invisible, where a metaphysics of the present is replaced with a commitment to the primacy of an original past, signalling a significant break in the development of Merleau-Ponty's thought.77 This has bearing on the debate mentioned above as the question of temporality and Merleau-Ponty's evolving relationship with Bergson are also cited as part of the index for tracking the differences between Phenomenology of Perception and The Visible and the Invisible. What we see, according to this reading, is Merleau-Ponty move away from a more strictly phenomenological orientation of Phenomenology of Perception, an orientation that is said to adversely mediate his early, critical stance with respect to Bergson, toward a progressively less Husserlian and more Bergsonian stance in The Visible and the Invisible. While he does not specifically address Merleau-Ponty's engagement with Bergson, Marratto's reading also places a special emphasis on the significance of the past, specifically Merleau-Ponty's reference to a “past which has never been present”. It is also not my intention to enter into the question of Merleau-Ponty's relationship with Bergson. Rather, I will restrict my remarks specifically to Merleau-Ponty's engagement with Husserl and the Zeitbewußtsein in La temporalité in order to show that there are grounds for at least questioning one of the premises of the interpretation mentioned above, namely that Phenomenology of Perception is unequivocally legible as committed to the ontological primacy of the present. As will become clear later in the essay, I also dispute interpretations that would place the emphasis on the ontological primacy of an original past. For my own views on the significance of a “past which has never been present”, see Whitmoyer “The Primary Silence of the Past”. View all notes In considering the manner in which the Zeitbewußtsein figures in La temporalité and Merleau-Ponty's discussion of the field of presence, it will do to think about the parameters in which his engagement with Husserl is staged more generally. It seems that Merleau-Ponty never considered his task in terms of the perhaps false alternative of fidelity and heresy, because “any commemoration is also a betrayal”, and because the task of the interpreter is, as he famously notes, thinking through that “unthought-of element … which is wholly his [Husserl's] and yet opens out on something else”.88 Merleau-Ponty, Signes, 203/160. This methodological dictum is developed in more detail in the notes to the course offered on Husserl's Origin of Geometry in 1959–1960. “We are saying not that Husserl was that, but that Husserl was not only what they say, was also another, bearer of an unthought”. View all notes Following Merleau-Ponty's own indications, we could suggest that Husserl's text, rather than a source of orthodoxy, functions as a point of orientation through which Merleau-Ponty marks out his own theory of temporality.99 I will not, therefore, address the question of the “accuracy” of his interpretation of Husserl because, according to Merleau-Ponty himself, this question presupposes that the author, in this case Husserl, has a privileged access to his thought, as if there is some kernel or essence of what a philosopher thought that interpreters can either get right or wrong. As the remarks in “The Philosopher and His Shadow” make clear, interpretation can never really avail itself of this presupposition and in this manner the question of accuracy is precisely the wrong question. View all notes This essay argues that his discussion of the Zeitbewußtsein in Phenomenology of Perception does not offer an account of time that “centers around the living present”, as some have argued,1010 Al-Saji “A Past Which Has Never Been Present”, 42–44. View all notes but that the discussion of the field of presence and what follows are rather intended to account for the field of temporal phenomenalization – not as a presence – but as écoulement, passage and flux. Time, therefore, does not appear in the present or as presence, but manifests itself as a flow and movement that is simultaneously an éclatement, an eruption, and a self-differentiating “dehiscence”.1111 A favorite word of Merleau-Ponty, borrowed from botany, where it designates the splitting open of a seed-pod or flower as well as medicine, where it refers to the splitting open of a healed or partially healed wound. The idea here is that, in its flow and passage, time splits open in a process of differentiation – which is simultaneously a process of degeneration, decay, and what Merleau-Ponty will term in The Visible and the Invisible, “disarticulation”. View all notes Time's passage is not determined, organized and oriented in advance in accordance with a transcendental synthesis that would give it shape and form, privileging one temporal dimension over another, so much as it is understood in terms of a splitting open, or to use another favoured locution of Merleau-Ponty, a “deflagration”.1212 In Eye and Mind, Merleau-Ponty speaks of the “deflagration of being”. Metaphors of explosiveness and dissonance populate his attempt to think being otherwise than as structure, form, and stability. Here I will focus particularly on écoulement, flux and éclatement, eruption, because these are the terms he uses in his discussion of time in La temporalité. See Merleau-Ponty L’Œil et l'esprit, 64/369. View all notes To this extent, Merleau-Ponty's account of temporality in Phenomenology of Perception cannot be said to orient itself in terms of the ontological primacy of any one temporal dimension – past, present, or future – but is more accurately understood as an attempt to recover the primordial experience of time as the simultaneity of écoulement and éclatement – an account that thinks time in its dual power of phenomenalization and erosion, the “pulse [pulsation] of my existence, its systole and diastole”.1313 Merleau-Ponty PhP, 337/332. View all notes Time is the vehicle of the world's appearance, and at the same time of its “disarticulation” [désarticulation],1414 This is a term Merleau-Ponty uses in The Visible and the Invisible in a well-known working note entitled “ Transcendence – forgetting – time”. See Merleau-Ponty VI, 247/197. View all notes the vehicle through which “becoming” – rather than being – shows itself. This process of phenomenalization, precisely because it is temporal, never achieves the density of fully realized being – the sense of this becoming is never fully articulate – but is perpetually subject to a temporal erasure that necessitates its repetition and reiteration. Time, in other words, is the principle of the world's eloquence – it is that thanks to which things have and make sense and simultaneously the principle of the world's murmuring stutter, the principle through which the sense of things remains incomplete and even erodes, decays, and degenerates. To begin, I will turn to Merleau-Ponty's reading of Husserl's diagram from the Zeitbewußtsein, which opens his attempt to “arrive at authentic time”.1515 Merleau-Ponty PhP, 477/483. View all notes Rather than simply rehearsing Husserl's discussion of primal impression, retention and protention, Merleau-Ponty's analysis of the diagram provides an opportunity for raising two problems: the problem of time's representability and the problem of its synthesis. Rather than through an “act intentionality” carried out by a transcendental subjectivity, time appears in accordance with an “operative intentionality” always already under way. Turning to the section of La temporalité aptly entitled “Passive Synthesis”, we see that Merleau-Ponty's analysis of the diagram leads him to the paradox of passive synthesis and what he calls, following Husserl, “transition synthesis”. Time does not show itself punctually – time appears neither as presence nor in the present – but only in the dual movement of its flux, its écoulement, and its éclatement, its explosive, self-differentiating unfurling. These reflections, finally, bring Merleau-Ponty into dialogue with Heidegger on what the latter called the Zusammenhang des Lebens. The “unity of a life”, accordingly, is not a question of any “resolution”, but is a function of our immersion in this temporal dehiscence. The important lesson to be learned from Merleau-Ponty's engagement with Husserl's Zeitbewußtsein is not something about the ontological primacy of one temporal dimension over another but what Merleau-Ponty famously calls in The Visible and the Invisible the “passivity of our activity”1616 Merleau-Ponty VI, 270/221. View all notes and our immersion in time's power of disarticulation. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:BOOK REVIEWS 115 analytical surveys of important Rousseau themes (though their connection with the main theme is sometimes weak) : Rousseau's attitude to love, his philosophy of language, his notion of a Golden Age and Terrestrial Paradise, and his views of personal immortality. Chapter 4 ("L'amour et le pays des chim~res") shows Rousseau recoiling from love fulfillment, "rejet6 dans I'imaginaire par l'~chec de sa passion," finding satisfaction only in (...) the imagination (hence his fear of "soiling the purity" of the beloved, with some strange consequences for his concept of personality). The chapter on Rousseau's philosophy of language is detailed and richly documented, as all these chapters are; it shows him struggling to free the theory from the grip of sensualism, and anticipating in intuitive flashes some very modern notions. Chapter 5 goes to the roots of Rousseau's almost delirious happiness when he finds Paradise in an isle that is both symbol and incarnation of attunement with vegetative nature (Freudians may see a good deal more in this). The last chapter brings together the texts on personal immortality, the certainty of which Rousseau derived from his personal need for compensatory justice, while admitting that there was no objective proof of it. Eigeldinger works strictly from the sources. Some naive expressions, an occasional lack of technique in handling the texts, a tendency towards poetic language and enthusiastic overstatement are easily compensated by his sensitivity, intellectual curiosity, and conscientiousness. His results are not unfamiliar, but it is good to have such rich material brought together and so well presented in these compact chapters. This is not an academic exercise but a work of love, and it is none the worse for it. GR~con SEBBA Emory University Kants These iiber das Sein. By Martin Heidegger. (Frankfurt a. M.: Vittorio Klostermann, 1962. Pp. 36. Paper, DM 3.80.) This little essay continues the "destruction of the history of ontology" which Heidegger originally projected as the second part of Sein und Zeit but never published under that title. The "destruction," as Heidegger readers are aware, is by no means an attempt to repudiate the metaphysical tradition of the West. Its aim instead is to re-think the question of being on a more fundamental level--to focus on the ground of being, being as such (Das Sein), rather than on this or that mode of being or on the totality of what is (Das Seiende). Hence Heidegger's claim that he is laying the groundwork for something that has never really been undertaken previously in Western thought, namely, "fundamental ontology." In Kant und alas Problem der Metaphysik (1929), Heidegger repudiated the NeoKantian interpretation of the Critique of Pure Reason by insisting that the thrust of that work is primarily ontological, not epistemological. Focusing his analysis on Kant's transcendental deduction of the categories and the doctrine of schematism in the first edition of the Critique, Heidegger argued that the transcendental imagination must stand at the center of ontological knowledge and that its subordination to the understanding in the second edition constitutes a "recoil" on Kant's part from his earlier and deeper insights. Moreover, Heidegger found in Kant the seeds of his own doctrine of temporality as the basis of human being, knowing, and acting--a doctrine from which once again Kant "recoiled." 116 HISTORY OF PHILOSOPHY These themes are echoed in the present essay, but a different portion of the Critique comes under scrutiny. In his discussion of the ontological proof for the existence of God, Kant writes: 'Being' is evidently not a real predicate, i.e., it is not a concept of something which could be added to the concept of a thing. It is simply [bloss] the placing [Position] of a thing, or of certain determinations in it. (A598,B626) Heidegger, armed with an impressive correlation of texts, finds in this passage a negative and an affirmative thesis. The negative thesis denies to being the character of a "real" predicate, but does not deny that it is a predicate in some sense. By "real" we are to understand, not actual, but having a reference to things. Thus interpreted, the negative thesis asserts that being is not... (shrink)

.This paper discusses Aristotle’s thesis and Boethius’ thesis, the most distinctive theorems of connexive logic. Its aim is to show that, although there is something plausible in Aristotle’s thesis and Boethius’ thesis, the intuitions that may be invoked to motivate them are consistent with any account of indicative conditionals that validates a suitably restricted version of them. In particular, these intuitions are consistent with the view that indicative conditionals are adequately formalized as strict conditionals.

Considerations of accuracy – the epistemic good of having credences close to truth-values – have led to the justification of a host of epistemic norms. These arguments rely on specific ways of measuring accuracy. In particular, the accuracy measure should be strictly proper. However, the main argument for strict propriety supports only weak propriety. But strict propriety follows from weak propriety given strict truth directedness and additivity. So no further argument is necessary.