Following up on a 1989 paper on the subject, this essay revisits the question of ethical expertise in the court room. Informed by recent developments in the use of ethics experts, the authors argue 1) that the adversarial nature of court proceedings challenges the integrity of the ethicist's pedagogical role; 2) that the use of ethics experts as normative authorities remains dubious; 3) that clarification of the State's interest in “protecting the ethical integrity of the medical profession” is urgently required; (...) and 4) that the expertise of the ethicist may be more appropriately used in advising the legislature than in influencing the court. (shrink)

We are appreciative of the broad range of commentaries our target article generated. The inquiry into the contingency phase of public health emergencies is nascent and the cl...

This article will provide a critique of tworecent English marriage law decisions, thefirst concerning a (female to male) transgenderman and the second a (male to female)intersexed woman. It will do so throughconsideration of the dialogue between each andthe landmark transgender case of Corbett v. Corbett. It will highlight howboth decisions, in seeking to minimise the factof `departure' from Corbett, serve toreproduce key elements of that decision whichserve to undermine the future prospects fortransgender law reform in the English context.In particular, both (...) decisions, in differentways, or with different emphases, ensure that`legal sex' continues to be determined by(bio)logical and temporal factors. Crucially,however, as in Corbett, it is legalanxiety over the boundaries of the `natural',and the homophobia of law, that underscoresthis anxiety, that account for these particularconstructions of `legal sex'. (shrink)

In the 11th chapter of the second book of Samuel, we read how King David saw Bathsheba in the evening: ‘v.2. And it came to pass in an eveningtide, that David arose from off his bed, and walked upon the roof of the king's house: and from the roof he saw a woman washing herself; and the woman was very beautiful to look upon.’.

Within health care systems, negative perceptions of lesbian, gay, bisexual, and transgender persons have often translated into denial of services, denial of visitation rights to same‐sex partners, reluctance on the part of LGBT patients to share personal information, and failure of workers to assess and recognize the unique health care needs of these patients. Other bureaucratic forms of exclusion have included documents, forms, and policies that fail to acknowledge a patient's valued relationships because of, for example, a narrow definition of (...) “spouse,” “parent,” or “family.” Bureaucratic exclusion has taken a particularly prominent form in the U.S. military. Until its repeal and termination in 2011, the “Don't Ask, Don't Tell” policy had for eighteen years barred openly gay men and lesbians from serving in the military. Among the effects of DADT is a dearth of information about the number and needs of LGBT service members who transition to the Veterans Health Administration for health care at the end of their military service. The long‐standing social stigma against LGBT persons, the silence mandated by DADT, and the often unrecognized bias built into the fabric of bureaucratic systems make the task of creating a welcoming culture in the VHA urgent and challenging.The VHA has accepted a commitment to that task. Its Strategic Plan for fiscal years 2013 through 2018 stipulates that “[v]eterans will receive timely, high quality, personalized, safe, effective and equitable health care irrespective of geography, gender, race, age, culture or sexual orientation.” To achieve this goal, the VHA undertook a number of coordinated initiatives to create an environment and culture that is informed, welcoming, positive, and empowering for the LGBT veterans and families whom the agency serves. (shrink)

W. V. Quine is one of the most eminent philosophers alive today. Now in his mid-eighties he has produced a sharp, sprightly book that encapsulates the whole of his philosophical enterprise, including his thinking on all the key components of his epistemological stance--especially the value of logic and mathematics. New readers of Quine may have to go slowly, fathoming for themselves the richness that past readers already know lies between these elegant lines. For the faithful there is much to ponder. (...) In this short book, based on lectures delivered in Spain in 1990, Quine begins by locating his work historically. He provides a lightning tour of the history of philosophy (particularly the history of epistemology), beginning with Plato and culminating in an appreciative sketch of Carnap's philosophical ambitions and achievements. This leads, in the second chapter, to an introduction to Quine's attempt to naturalize epistemology, which emphasizes his continuities with Carnap rather than the differences between them. The next chapters develop the naturalistic story of the development of science to take account of how our conceptual apparatus is enhanced so that we can view the world as containing re-identifiable objects. Having explained the role of observation sentences in providing a checkpoint for assessing scientific theories, and having despaired of constructing an empirical criterion to determine which sentences are meaningful, Quine in the remaining chapters takes up a variety of important issues about knowledge. He concludes with an extended treatment of his views about reference and meaning and his attitudes toward psychological and modal notions. The presentation is distinctive, and the many small refinements of detail and formulation will fascinate all who know Quine's philosophy. (shrink)

Albert Camus’s 1947 novel La Peste and 1948 drama L’État de Siège, allegories of totalitarian power using the figure of the plague, remarkably anticipate Foucault’s celebrated genealogical analyses of modern power. Indeed, reading Foucault after Camus highlights a fact little-remarked in Discipline and Punish: namely, that the famous chapter on the ‘Panopticon’ begins by analysing the measures taken in early modern Vincennes following the advent of plague. Part III argues that, although Camus was cited as an inspiration by the nouveaux (...) philosophes, he does not accept the reactionary motif of the total bankruptcy of the modern cultural and political worlds as hopelessly implicated in the totalitarian crimes. Indeed, Part IV highlights how Camus defends modern, descriptive scientific rationality against its totalitarian appropriations, alongside ‘the power of passion, doubt, happiness, and imaginative invention’ – positions which Part V suggests as Camus’s continuing poignancy and relevance in the period after post-structuralism. (shrink)

Aristotle’s Nicomachean Ethics is central to John McDowell’s classic Mind and World. In Lectures IV and V of that work, McDowell makes three claims concerning Aristotle’s ethics: first, that Aristotle did not base his ethics on an externalist, naturalistic basis (including a theory of human nature); second, that attempts to read him as an ethical naturalist are a modern anachronism, generated by the supposed need to ground all viable philosophical claims on claims analogous to the natural sciences; and third, that (...) a suitably construed Aristotelian conception of “second nature” can form the basis of a viable contemporary philosophy of mind, world, and normativity. This paper challenges each of these three claims. Aristotle’s ethics, we will claim alongside Terence Irwin, Bernard Williams, Philippa Foot, and many premodern commentators, is based in the kind of physics, metaphysics, and metaphysical biology that McDowell says it cannot be. Historically, we will argue that McDowell’s argument that Aristotle’s ethical reasoning is “autonomous” or “self-standing” is distinctly modern, citing evidence from the leading medieval commentators on the Nicomachean Ethics. The felt need to which McDowell responds, of reading Aristotle’s ethical or political thought as wholly non-metaphysical, arises from out of the successes of the natural sciences in the modern world, which he agrees discredit the Aristotelian, teleological account of nature. In the final part of the paper, we propose that McDowell’s account of normativity, rooted in the non-metaphysical “second nature” he reads into Aristotle, we will contend, is as it stands inescapably relativistic. On a different note, we need also to recognize, as McDowell does not, that this is a new Aristotle, one shaped by our requirements and space of reasons, not the mind and world of the Greek Philosopher himself.
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A modern stage of globalization is a historical and logical continuation of “an economical social formation” (K.G. Marx), a civilization (L.G. Morgan). The analysis of this globalization in philosophy and social sciences has an extremely contradictory character which is law-governed in the modern society. Modern globalization has been showing itself as a qualitatively new historical process since 1991. Judging from the positions of the dialectical materialistic theory of history (K.G. Marx, F. Engels, V.I. Lenin and others) it by its essence (...) has got a postneoimperialistic, antagonistic character. It’s main features, attributes has been revealed. It doesn’t solve any sharp global problems, but only aggravated and intensifies them. This globalization has greatly increased, made inhuman the process of “cosmopolitization” which developed during the whole existence of capitalism and imperialism. A total degradation and dehumanization of a social person have been taking place, interstate and civil burst into flames, mass disturbances arise, hundreds thousands of people die, genocide and depopulation of some peoples on the planet become “normal” including the countries of the UIS. Destructive process of modern globalization with the USA as the main “player” together with corresponding international institutions (WTO, ICF, World bank, NATO and other), TNC have been resisted in a definite way by antiglobalizing andalterglobalizing movement in many countries on the planet. (shrink)

The article is devoted to the analysis of the relationship between right and law. The author identifies four types of understanding of right: positivist, natural-legal, general social, and the point of view of educational literature. These four types belong to different paradigms of understanding: the philosophical one (theory of natural right) and the legal one (three other points of view). The philosophy of right as a purely philosophical and not a legal discipline uses a philosophical approach to the substantiation of (...) the essence of right. Its fundamental thesis: it is impossible to prove the claims of the right to general validity and obligation if we use the framework of jurisprudence only. In this regard, the statist positivism is subjected to sharp criticism as a theory that rejects the essential difference between right and law and identifies right and law with the activities of the state alone. In philosophy, the right is understood as a system of values that includes fundamental moral and legal ideas and principles. The difference between right and law, their necessary dualism lies in the difference in their genetic nature. The right consists mainly of values that are inherently regulative, whereas the law is a set of norms that have a constitutive essence. This distinction between values and norms and, therefore, between the regulative as such and the constitutive is precisely the philosophical basis for the distinction between right and law. The essence of the regulative as such is based on ontological attitudes of consciousness, which are a priori in their origin. The article concludes with a classification of the functions of right with regard to law. (shrink)

Studies in philosophy: I. Tufts, J.H. On moral evolution. II. Willcos, W.F. The expansion of Europe in its influence upon population. III. Woods, R.A. Democracy a new unfolding of human power. IV. Sharp, F.C. An analysis of the moral judgment. V. Woodbridge, F.J.E. The problem of consciousness. VI. Norton, E.L. The intellectual element in music. VII. Raub, W.L. Pragmatism and Kantianism. VIII. Lyman, E.W. The influence of pragmatism upon the status of theology.--Studies in psychology: IX. Delabarre, E.B. Influence of surrounding (...) objects on the apparent direction of a line. X. Swift, E.J. Beginning a language; a contribution to the psychology of learning. XI. Pierce, A.H. An appeal from the prevailing doctrine of a detached subconsciousness. XII. Woodworth, R.S. The cause of a voluntary movement. XIII. Burnett, C.T. An experimental test of the classical theory of volition. (shrink)

An argument is offered for this conditional: If our current concept conscious state is sharp rather than vague, and also correct , then common versions of familiar metaphysical theories of consciousness are false--?namely versions of the identity theory, functionalism, and dualism that appeal to complex physical or functional properties in identification, realization, or correlation. Reasons are also given for taking seriously the claim that our current concept conscious state is sharp. The paper ends by surveying the theoretical options left open (...) by the concept's sharpness and the truth of the conditional argued for in the paper. (shrink)

Intuitively it has seemed to many that our concepts conscious state and conscious creature are sharp rather than vague, that they can have no borderline cases. On the other hand, many who take conscious states to be identical to, or realized by, complex physical states are committed to the vagueness of those concepts. In the paper I argue that conscious state and conscious creature are sharp by presenting four necessary conditions for conceiving borderline cases in general, and showing that some (...) of those conditions cannot be met with conscious state. I conclude that conscious state is sharp, and the conclusion is then extended to conscious creature. The paper ends with a brief discussion of some implications. (shrink)

We considered peculiarities of the evolution of a region with sharp boundaries that is filled with a partially ionized plasma and is a part of the volume of a condensed target. The creation of such a region in the near-surface layer of the target can be related to the action of an external impulse symmetric ionizator or to the action of an intense small-extension shock wave on the target surface. We defined the conditions such that their fulfilment during the establishment (...) of the equilibrium between the Coulomb attraction of electrons and ions with atom ionization multiplicity Z* 1 and the kinetic pressure of electrons causes both the compression of this region and its ionization to the state with Z* 2 > Z* 1. The last leads to a further additional compression and ionization. Under these conditions, the spontaneous avalanche-like ionization of atoms of the target to the state of ‘‘bare’’ nuclei occurs synchronously with the avalanche-like metallization and the self-compression of the target. We showed that the avalanche-like ionization and the self-compression of the target happen in the case where the gas of degenerate electrons has drift momentum. If the region with initial ionization has the form of thin spherical layer, the process of avalanche-like ionization and self-compression of the target in this region is accompanied by the accelerated movement of the plasma layer to the target center. One of the reasons for the accelerated movement is the surface tension in a bounded domain of the nonequilibrium plasma layer neutralized by ions of the target. With increase in the velocity of movement of this layer to the target center, the additional self-compression of the system of electrons and nuclei to the state of degenerate electron gas occurs. At the leading edge of the running layer with extremely high electron density which is neutralized by nuclei of the target, the formation of a collapse of the electron--nucleus system proceeds, and the binding energy maximum for the electron--nucleus system shifts from A≈60 to A ≫ 60. This result makes possible the fast synthesis of superheavy nuclei. The decay of the collapse state, a partial restoration of the target structure, its rapid cooling, and the condensation of a part of the products of nuclear reactions happen in the target volume at the trailing edge of the moving plasma layer. Upon such a scanning propagation of the wave with high electron density, all the target substance is involved, step-by-step, to the process of nuclear transformations. At the target center, the moving plasma layer is squeezed with the formation of the state of quasistationary collapse under inertial confinement. Then the collapse state decays irreversibly. (shrink)

Members of the family of the Green Fluorescent Protein (GFP) are the only known type of natural pigments that are essentially encoded by a single gene, since both the substrate for pigment biosynthesis and the necessary catalytic moieties are provided within a single polypeptide chain. In sharp contrast to the state of knowledge just three years ago when GFP was the only known protein of its kind, a whole family of related proteins, exhibiting striking diversity of features have now been (...) identified. This provides new possibilities for a variety of studies ranging from applied biotechnology to evolutionary ecology. BioEssays 24:953–959, 2002. © 2002 Wiley Periodicals, Inc. (shrink)

For decades, aged care facility residents at risk of pressure ulcers (PUs) have been repositioned at two-hour intervals, twenty-four-hours-a-day, seven-days-a-week (24/7). Yet, PUs still develop. We used a cross-sectional survey of eighty randomly selected medical records of residents aged ≥ 65 years from eight Australian Residential Aged Care Facilities (RACFs) to determine the number of residents at risk of PUs, the use of two-hourly repositioning, and the presence of PUs in the last week of life. Despite 91 per cent (73/80) (...) of residents identified as being at risk of PUs and repositioned two-hourly 24/7, 34 per cent (25/73) died with one or more PUs. Behaviours of concern were noted in 72 per cent (58/80) of residents of whom 38 per cent (22/58) were restrained. Dementia was diagnosed in 70 per cent (56/80) of residents. The prevalence of behaviours of concern displayed by residents with dementia was significantly greater than by residents without dementia (82 per cent v 50 per cent, p = 0.028). The rate of restraining residents with dementia was similar to the rate in residents without dementia. Two-hourly repositioning failed to prevent PUs in a third of at-risk residents and may breach the rights of all residents who were repositioned two-hourly. Repositioning and restraining may be unlawful. Rather than only repositioning residents two-hourly, we recommend every resident be provided with an alternating pressure air mattress. (shrink)

I have argued elsewhere that our conception of phenomenal consciousness commits us to simple phenomenal experiences that in some sense constitute our complex experiences. In this paper I argue that the temporal boundaries of simple phenomenal experiences cannot be conceived as fuzzy or vague, but must be conceived as instantaneous or maximally sharp. The argument is based on an account of what is involved in conceiving fuzzy temporally boundaries for events generally. If the argument is right, and our conception of (...) phenomenal consciousness is assumed to reflect the facts about consciousness, then since the temporal boundaries of neurophysiological events can be conceived as fuzzy, considerable pressure can be applied to neurophysiological identity theories, as well as to dualist accounts that posit temporal correspondence with neurophysiological events. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Becoming Nonviolent Peacemakers: A Virtue Ethic for Catholic Social Teaching and US Policy by Eli Sasaran McCarthyMarc V. RuganiBecoming Nonviolent Peacemakers: A Virtue Ethic for Catholic Social Teaching and US Policy Eli Sasaran McCarthy EUGENE, OR: PICKWICK PUBLICATIONS, 2011. XVII 1 259 PP. $32.00Contemporary US political discourse is generally couched in the language of rule-based rights analysis or utilitarian calculus, both of which limit the imagination of decision-makers (...) and society at large. In Becoming Nonviolent Peacemakers, Eli Sasaran McCarthy seeks to disrupt any complacency Americans and our representative leadership might have with these ethical approaches. Drawing on well-reasoned philosophical arguments and the witness of paradigmatic figures, McCarthy builds a case for public policies of nonviolent peacemaking created from and analyzed through the framework of virtue ethics. Such policies, he posits, would not only achieve a more comprehensive agenda of peacemaking but would also approach more closely the vision of Dr. Martin Luther King Jr.'s "Beloved Community."McCarthy's project is ambitious and multifaceted. He sets out to synthesize critiques of prevailing rule- and strategy-based assessments of nonviolent [End Page 204] peacemaking, making proposals for a virtue-based assessment from Christian, Hindu, and Muslim sources as well as with the best contributions of human rights theory in order to supplement a virtue approach. At the outset he states, "My thesis is that a virtue-based assessment of nonviolent peacemaking enhanced by aspects of human rights discourse largely resolves key limits of rule-based and strategy-based assessments of nonviolent peacemaking for public discourse and policy" (2). To prove this, he grapples with influential scholars on the subject, such as James Childress and Gene Sharp, to show how deontology and consequentialism too narrowly constrain the vision of what nonviolent peacemaking can achieve, both in effect and the formation of agents' character. Addressing the work of Bernard Häring, Stanley Hauerwas, and Lisa Sowle Cahill, he brings the fruit of Christian theological ethics to bear on the advantages of a virtue-based assessment of nonviolence. Though that is significant enough, McCarthy also presents the life and work of both Mahatma Gandhi and Abdul Ghaffar Khan to demonstrate the consonance of a virtue approach even across cultural and religious lines. He finally plots a way forward using the best of rights theory and virtue theory to show how nonviolent peacemaking fulfills the Catholic social tradition's vision of human dignity and the common good.McCarthy lends much to the argument that "we ought to consider nonviolent peacemaking a distinct virtue rather than merely subsuming it in the paradigmatic actions of other virtues" (75). With scripture at its foundation and positioned within the traditions of virtue ethics and the Catholic social doctrine, he weaves a tight argument for nonviolence within a Christian context while also aiming to be approachable and sympathetic to non-Christian perspectives. Because of the contemporary context of McCarthy's project, he does focus his attention almost exclusively on twentieth- and twenty-first-century sources; it would be helpful to be already familiar with virtue ethics and its classic sources, like Aristotle, Cicero, and Aquinas.McCarthy writes clearly and directly to readers, making the schema of his argument explicit in each chapter. His extensive referencing and ample bibliography engage both academic research and popular journalism, making this a great resource for those pursuing public theology and students in advanced undergraduate and professional study. His last chapter, which provides a case study regarding the Sudanese genocide in Darfur, applies his peacemaking proposals in a compelling thought experiment. One can hope McCarthy's continued research yields not only more case studies that invite creative problem-solving through the virtue of nonviolent peacemaking but also a book-length study that challenges US domestic policy as successfully as his investigation of US foreign policy here. [End Page 205]Marc V. RuganiThe Catholic University of AmericaCopyright © 2017 Society of Christian Ethics... (shrink)

The recent debate in philosophy of mind over whether thought has its own distinctive phenomenology, so-called cognitive phenomenology, has led to a sharp division between proponents and skeptics of CP. This paper critically examines an ambitious argument against the existence of CP, which is based on a particular view of the temporal structure of thought. The argument, roughly, is that experiences, those mental entities that have phenomenology, persist as processes, while thoughts, on the other hand, are non-processive states or events. (...) So no thoughts are experiences. The present paper attacks the claim that thoughts never temporally unfold as processes. (shrink)

Friedrich Schlegel is known above all as a man of letters and political interests, while his philosophical opus has received as yet a very limited interest and attention. Perhaps this new critical edition will enable him to carve a small niche for himself in forthcoming histories of philosophy. He was certainly not the most significant thinker; but his imagination, many-sidedness, sharpness, and his unmistakable speculative gift qualify him to be in the second rank of Romantic philosophers immediately after Schelling and (...) Baader. The young Friedrich Schlegel was thoroughly under the spell of Fichte, but his later development—notwithstanding personal antipathy—carried him close to Schelling. The ethical pathos of Fichte's doctrine could not make Schlegel overlook the injustice done to nature, art, and religion. Though his celebrated conversion to Catholicism in the Dom of Cologne did not take place until 1838, Schlegel read Jacob Boehme and was a close friend of Schleiermacher, and thus was absorbed by religious problems years before. Already in his Cologne lectures he goes beyond the vague idealistic concept of the "divinity" in favor of a personal and transcendent God. These two volumes of the critical edition contain the following texts: Transzendentalphilosophie, lectures in Jena from 1800-1801. The text is the one published by J. Körner in 1935. The Development of Philosophy in Twelve Books and Propedeutic and Logic. The texts in Propedeutic and Logic are of a general introductory character. But in The Development of Philosophy a tremendous effort is made to give, if not an entirely systematic, at least a quasi-all-embracing, encyclopedic sketch of philosophy and its history. Here again we read nothing substantially new. The editor follows the text published by Windischmann in 1836 but does complete it with variants from other manuscripts. Métaphysique. These lectures were delivered in French to Madame de Staël. In addition to an already known text published by J. Körner the editor makes use of a manuscript in the hand of Schlegel which was found only after the last war. The preface of J.-J. Anstett is ascetically short and even the commentary consists only of sober and learned notes at the end of the second volume.—M. J. V. (shrink)

One of the most essential characteristics of living material—indeed, according to many, its most essential characteristic—is the fact that it is irritable. A living cell responds to sudden environmental changes, and typically a cell of a given sort responds in a definite and particular way no matter what the nature of the stimulation. Thus when a muscle cell is exposed to sudden heat, to sudden cold, to a sharp mechanical impact, to ultraviolet radiation, or to an electric current, it shortens. (...) Similarly, a nerve fiber responds in its own characteristic way, and this response is independent of the nature of the stimulation. In general, mechanical impacts, ultraviolet radiation, electric shocks, and certain types of chemical substances are stimulating agents for many diverse types of protoplasm and they serve to arouse it to activity. The response of protoplasm to stimulation may be prevented by anesthetics. These are substances which nullify the effect of a stimulus without killing or seriously injuring the protoplasm. The remarkable fact is that there are general anesthetics, substances which in much the same concentration can prevent protoplasmic activity in widely different protoplasmic systems. Many fat solvents, such as ether, are general anesthetics. Magnesium salts also behave as anesthetics for many different types of cells. (shrink)

The relationship between Legal Realism and Legal Positivism has been a recurrent source of debate. The question has been further complicated by the related difficulty of assessing the internal relationship between the two main original strands of Legal Realism: American and Scandinavian. This paper suggests considering American and Scandinavian Realism as instantiations of forward-looking and backward-looking rule skepticism respectively. This distinction brings into sharp relief not only the fundamentally different relationship between each of these two Realist schools and Legal Positivism (...) but also their equally different potentials as starting points for naturalizing jurisprudence. (shrink)

The specificity of tantric soteriology consists of a combination of three basic principles - unity, salvation, and bliss. This article explores the principle of salvation. Spiritual liberation implies the final overcoming of obstacles hindering the new worldview. Unlike the principle of unity, the principle of salvation focuses on difference, not on identity, drawing a sharp line between the desired state of liberation and the present state of dependence. The main obstacles to spiritual liberation are expressed in the well-known triad “avidyā (...) - karma - saṃsāra”. The principle of salvation appears in Tantrism in two interrelated forms, the ascetic and śaktic ones. Both of them agree with each other in rejection of spiritual ignorance. Spiritual ignorance is the main “negative goal”; without deliverance from it there is no freedom. The state of ignorance is existential one and endowed with powerful protective “forces”. The principle of salvation implies the deliverance not only from everything that is usually considered negative, but also of “positive” things. In the śaktic mode of the principle of salvation, it is assumed that an incorrect view of reality is eliminated by a correct view of it. Due to the fact that, according to the tantric adepts, the energies of the divine Śakti act in the world, the understanding of this fact leads the adept to stop perceiving himself as a dependent being even in the midst of an infinite variety of processes and events of the world. Life is then perceived as an unconditioned, spontaneous “divine play”, a stream of divine pleasure. Ascetic form can be reduced to an ontological interpretation of the principle of salvation, and śaktic form to a cognitive one. (shrink)

The relationship between Legal Realism and Legal Positivism has been a recurrent source of debate. The question has been further complicated by the related difficulty of assessing the internal relationship between the two main original strands of Legal Realism: American and Scandinavian. This paper suggests considering American and Scandinavian Realism as instantiations of forward-looking and backward-looking rule skepticism respectively. This distinction brings into sharp relief not only the fundamentally different relationship between each of these two Realist schools and Legal Positivism (...) but also their equally different potentials as starting points for naturalizing jurisprudence. (shrink)

Witnessing to the strong present-day interest in the formation of the great scholastic syntheses of the thirteenth century are the large number of studies devoted to the lesser thinkers of the preceding century. The English-born Robert of Melun is one of these so far largely neglected authors. Despite the edition of his major works in Louvain by R. M. Martin, little has been written on this gifted pupil of Abelard. Horst cuts a large and central piece out of Robert's "system": (...) the doctrines of the Trinity and of God. After a detailed analysis of the sources of his thinking, the Trinity is dealt with and then God. Under the pen of Robert, the sharp dialectical method of Abelard serves to elaborate Augustine's speculation on the Trinity. Yet the author—in line with the contemporary interest in trinitology—is not satisfied to expound the subtle distinctions Robert made but strives to show also how they can have a bearing on the "economy of salvation." There is a rather liberal dose of lengthy Latin quotes, footnotes mushroom, and secondary literature is quoted by the yard. To sum up: this is a serious and articulate treatment of two central questions of scholastic theology and we are glad to read the promise of a continuation treating Robert's anthropology, angelology, and his views on the First Man.—M. J. V. (shrink)

Friedrich Schlegel is known above all as a man of letters and political interests, while his philosophical opus has received as yet a very limited interest and attention. Perhaps this new critical edition will enable him to carve a small niche for himself in forthcoming histories of philosophy. He was certainly not the most significant thinker; but his imagination, many-sidedness, sharpness, and his unmistakable speculative gift qualify him to be in the second rank of Romantic philosophers immediately after Schelling and (...) Baader. The young Friedrich Schlegel was thoroughly under the spell of Fichte, but his later development—notwithstanding personal antipathy—carried him close to Schelling. The ethical pathos of Fichte's doctrine could not make Schlegel overlook the injustice done to nature, art, and religion. Though his celebrated conversion to Catholicism in the Dom of Cologne did not take place until 1838, Schlegel read Jacob Boehme and was a close friend of Schleiermacher, and thus was absorbed by religious problems years before. Already in his Cologne lectures he goes beyond the vague idealistic concept of the "divinity" in favor of a personal and transcendent God. These two volumes of the critical edition contain the following texts: Transzendentalphilosophie, lectures in Jena from 1800-1801. The text is the one published by J. Körner in 1935. The Development of Philosophy in Twelve Books and Propedeutic and Logic. The texts in Propedeutic and Logic are of a general introductory character. But in The Development of Philosophy a tremendous effort is made to give, if not an entirely systematic, at least a quasi-all-embracing, encyclopedic sketch of philosophy and its history. Here again we read nothing substantially new. The editor follows the text published by Windischmann in 1836 but does complete it with variants from other manuscripts. Métaphysique. These lectures were delivered in French to Madame de Staël. In addition to an already known text published by J. Körner the editor makes use of a manuscript in the hand of Schlegel which was found only after the last war. The preface of J.-J. Anstett is ascetically short and even the commentary consists only of sober and learned notes at the end of the second volume.—M. J. V. (shrink)

In the years since World War II, the social critic has become a rather popular figure in the West. The demand for critical theories of society is readily explainable where the contradictions of social development take the form of sharp paradoxes recognized by the broad public. It may be assumed that interest in critical concepts of society will increase. People who recognize themselves as cogs without rights in the system of bureaucratic organization of state-supported monopoly capitalism, who react acutely to (...) the threat of social catastrophes , endow such concepts with the halo of humanism if only because they often find in them their own moods, given shape and seemingly elevated to the level of general social protest. These feelings represent a concrete dissatisfaction with the present situation, and the sense that the society in which they live is in crisis. (shrink)

Number processing abilities are important for academic and personal development. The course of initial specialization of ventral occipito-temporal cortex sensitivity to visual number processing is crucial for the acquisition of numeric and arithmetic skills. We examined the visual N1, the electrophysiological correlate of vOTC activation across five time points in kindergarten, middle and end of first grade, second grade, and fifth grade. A combination of cross-sectional and longitudinal EEG data of a total of 62 children at varying familial risk for (...) dyslexia were available to form groups of 23, 22, 27, 27, and 42 participants for each of the five time points. The children performed a target detection task which included visual presentation of single digits, false fonts, and letters to derive measures for coarse and fine digit sensitive processing across development. The N1 amplitude analyses indicated coarse and fine sensitivity characterized by a stronger N1 to digits than false fonts across all five time points, and stronger N1 to digits than letters at all but the second time point. In addition, lower arithmetic skills were associated with stronger coarse N1 digit sensitivity over the left hemisphere in second grade, possibly reflecting allocation of more attentional resources or stronger reliance on the verbal system in children with poorer arithmetic skills. To summarize, our results show persistent visual N1 sensitivity to digits that is already present early on in pre-school and remains stable until fifth grade. This pattern of digit sensitivity development clearly differs from the relatively sharp rise and fall of the visual N1 sensitivity to words or letters between kindergarten and middle of elementary school and suggests unique developmental trajectories for visual processing of written characters that are relevant to numeracy and literacy. (shrink)

Many years after the translation by Richard Robinson of books 3 and 4 of Aristotle’s Politics, Professor David Keyt now presents a translation with an extensive commentary of books 5 and 6, the main topics of which are equality, democracy, oligarchy, tyranny, and revolution. The text attempts to describe these different political regimes and the causes of their disintegration. According to Keyt books 4, 5, and 6 form a unit and discuss less ideal constitutions and political instability. Keyt defends the (...) traditional order of the books instead of switching around 5 and 6 as some editors have done. He acknowledges nevertheless that the logical order is to place 7 and 8 before 4, 5, and 6. For his translation he used the Greek edition by A. Dreizehnter. Reading the text in a clear and pleasant translation makes us admire the sharpness of Aristotle’s insight and the actuality of what he says. Besides indicating the lines of the Bekker edition, Keyt divided the text into mostly short paragraphs, which make consultation easy. The commentary on Book V runs from page 55 to 190, on VI from 191 to 239, followed by a concise bibliography, a glossary, an index locorum, and a general index. Keyt is very consistent in his translation of Greek terms. He anticipates the difficulty some readers might experience with his translation of στάσις by “faction” and στασιᾳζειν by “to split into factions.” In 1308b20 it is better to translate “who bring about a new order because of their private lives” than “who seek a new order.” Likewise, one should perhaps translate ἐν ταῖς ἀρχαῖς by “in leading positions.” In a few places, for instance at 1308b40, Keyt adds a clarifying phrase such as “if one could insure that offices are not a source of profit.”. (shrink)

The DSM-III, DSM-IV, DSM-IV-TR and ICD-10 have judiciously minimized discussion of etiologies to distance clinical psychiatry from Freudian psychoanalysis. With this goal mostly achieved, discussion of etiological factors should be reintroduced into the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition. A research agenda for the DSM-V advocated the "development of a pathophysiologically based classification system". The author critically reviews the neuroevolutionary literature on stress-induced and fear circuitry disorders and related amygdala-driven, species-atypical fear behaviors of clinical severity in adult (...) humans. Over 30 empirically testable/falsifiable predictions are presented. It is noted that in DSM-IV-TR and ICD-10, the classification of stress and fear circuitry disorders is neither mode-of-acquisition-based nor brain-evolution-based. For example, snake phobia and dog phobia are clustered together. Similarly, research on blood-injection-injury-type-specific phobia clusters two fears different in their innateness: 1) an arguably ontogenetic memory-trace-overconsolidation-based fear and 2) a hardwired fear of the sight of one's blood or a sharp object penetrating one's skin. Genetic architecture-charting of fear-circuitry-related traits has been challenging. Various, non-phenotype-based architectures can serve as targets for research. In this article, the author will propose one such alternative genetic architecture. This article was inspired by the following: A) Nesse's "Smoke-Detector Principle", B) the increasing suspicion that the "smooth" rather than "lumpy" distribution of complex psychiatric phenotypes may in some cases be accounted for by oligogenic transmission, and C) insights from the initial sequence of the chimpanzee genome and comparison with the human genome by the Chimpanzee Sequencing and Analysis Consortium published in late 2005. Neuroevolutionary insights relevant to fear circuitry symptoms that primarily emerge overconsolidationally are presented. Also introduced is a human-evolution-based principle for clustering innate fear traits. The "Neuroevolutionary Time-depth Principle" of innate fears proposed in this article may be useful in the development of a neuroevolution-based taxonomic re-clustering of stress-triggered and fear-circuitry disorders in DSM-V. Four broad clusters of evolved fear circuits are proposed based on their time-depths: 1) Mesozoic circuits hardwired by wild-type alleles driven to fixation by Mesozoic selective sweeps; 2) Cenozoic circuits relevant to many specific phobias; 3) mid Paleolithic and upper Paleolithic circuits ; 4) Neolithic circuits. More importantly, the author presents evolutionary perspectives on warzone-related PTSD, Combat-Stress Reaction, Combat-related Stress, Operational-Stress, and other deployment-stress-induced symptoms. The Neuroevolutionary Time-depth Principle presented in this article may help explain the dissimilar stress-resilience levels following different types of acute threat to survival of oneself or one's progency. PTSD rates following exposure to lethal inter-group violence are usually 5-10 times higher than rates following large-scale natural disasters such as forest fires, floods, hurricanes, volcanic eruptions, and earthquakes. The author predicts that both intentionally-caused large-scale bioevent-disasters, as well as natural bioevents such as SARS and avian flu pandemics will be an exception and are likely to be followed by PTSD rates approaching those that follow warzone exposure. During bioevents, Amygdala-driven and locus-coeruleus-driven epidemic pseudosomatic symptoms may be an order of magnitude more common than infection-caused cytokine-driven symptoms. Implications for the red cross and FEMA are discussed. It is also argued that hospital phobia as well as dog phobia, bird phobia and bat phobia require re-taxonomization in DSM-V in a new "overconsolidational disorders" category anchored around PTSD. The overconsolidational spectrum category may be conceptualized as straddling the fear circuitry spectrum disorders and the affective spectrum disorders categories, and may be a category for which Pitman's secondary prevention propranolol regimen may be specifically indicated as a "morning after pill" intervention. Predictions are presented regarding obsessive-compulsive disorder and "culture-bound" acute anxiety symptoms. Also discussed are insights relevant to pseudoneurological symptoms and to the forthcoming Dissociative-Conversive disorders category in DSM-V, including what the author terms fright-triggered acute pseudo-localized symptoms. Speculations based on studies of the human abnormal-spindle-like, microcephaly-associated gene, the microcephaly primary autosomal recessive gene, and the forkhead box p2 gene are made and incorporated into what is termed "The pre-FOXP2 Hypothesis of Blood-Injection-Injury Phobia." Finally, the author argues for a non-reductionistic fusion of "distal neurobiology" with clinical "proximal neurobiology," utilizing neurological heuristics. It is noted that the value of re-clustering fear traits based on behavioral ethology, human-phylogenomics-derived endophenotypes and on ontogenomics can be confirmed or disconfirmed using epidemiological or twin studies and psychiatric genomics. (shrink)

The frequency and temperature dependences of the ac conductivity and dielectric constant of the V 2 O 5 -MnO-TeO 2 system, containing two transition-metal ions, have been measured. The dc conductivity † dc measured in the high-temperature range decreases with addition of the oxide MnO. This is considered to be due to the formation of bonds such as V--O--Mn and Mn--O--Mn in the glass. The conductivity arises mainly from polaron hopping between V 4+ and V 5+ ions. It is found (...) that a mechanism of adiabatic small-polaron hopping is the most appropriate conduction model for these glasses. This is in sharp contrast with the behaviour of the Mn-free V 2 O 5 -TeO 2 glass, in which non-adiabatic hopping takes place. High-temperature conductivity data satisfy Mott's small-polaron hopping model and also a model proposed by Schnakenberg in 1968. A power-law behaviour † ac = A y s , with s < 1) is well exhibited by the ac conductivity † ac data of these glasses. Analysis of dielectric data indicates a Debye-type relaxation behaviour with a distribution of relaxation times. The MnO-concentration-dependent † ac data follow an overlapping large-polaron tunnelling model over the entire range of temperatures studied. The estimated model parameters are reasonable and consistent with changes in composition. (shrink)

The great challenge of rhetorical argument is to make discourse ethical without making it less logical. This challenge is of central importance throughout the full range of practical argument, and understanding the relation of the ethical to the logical is one of the principal contributions the humanities, in this case the study of rhetoric, can make to legal scholarship. Aristotle’s Rhetoric shows how arguments can be ethical and can create ethical relations between speaker and hearer. I intend to apply Aristotle’s (...) analysis to a phenomenon that did not yet exist for him, that of authority, by asking how the acts of asserting and accepting authority can be ethical acts. I take as a test case a peculiarly unfortunate and inept appeal to authority, that offered by the counsel for the District of Columbia in arguing Bolling v Sharp who cited Taney’s opinion in Dred Scott to clinch his point. By seeing just what goes wrong in such a maladroit appeal, I explore the rational, voluntary and ethical dimensions of a decision to accept a given commitment to authority. I use Joseph Raz’s analysis of authority and the relation of reason to authority, yet think I go beyond Raz by exploring the deliberate and voluntary nature of submission to authority. Choosing to be bound by an authority is an ethical act. As such it is always rational and yet never purely rational. The Supreme Court’s choice of authorities is part of its making itself into an authority, and is a paradigm of the ethical act of choosing to be obligated. Choosing to be committed or obligated is a central paradox of political theory and considerations of authority and obligation, at least since early social contract theorists. However, its importance for judicial reasoning, which at the same time chooses to submit to authority and itself becomes an authority, has not been noted. Consideration of the relations between the ethical and the logical can help us better to articulate the constitution of ethical authority. (shrink)

People v. Strauss-Kahn is an ideal lens through which to examine the operation of a criminal justice system that privileges the presumption of guilt, or, to use the words of the US Supreme Court in the 2012 decisions Lafler v. Cooper and Missouri v. Frye, has become “a system of pleas, not a system of trials.” It is both an excellent example of a transparent and objective invocation of the criminal sanction, and a sharp counterpoint to the vast majority of (...) cases where law enforcement conclusions are privileged and rarely second-guessed. As analyses of wrongful convictions have sadly but inevitably demonstrated, the screening methods of police and prosecutors are fallible. Moreover, the prevalence of “tunnel vision” once the decision to charge has been made means that few cases experience the kind of post-indictment investigation and reevaluation seen in the prosecution of Dominique Strauss-Kahn. Stage by stage, the Strauss-Kahn case illustrates how to counterbalance the presumption of guilt and give expression to the presumption of innocence in the pretrial period through vigilantly-invoked and enforced due process protections. Drawing from this examination, the paper will then explore how to approach this model process in the more standard cases, which typically see a fraction of the judicial, law enforcement, and defense resources afforded Dominique Strauss-Kahn. The Strauss-Kahn prosecution offers several insights, three of which will be sketched at the paper’s conclusion: a requirement that prosecutorial decision-making be subject to a reasonable doubt standard; vigilant and early enforcement of the prosecutor’s obligation to disclose information that is favorable to the accused; and finally, a requirement that a prosecutor explain in writing any decision to dismiss the felony charges in indicted felony cases, so that the factual, legal and policy bases of these decisions (numbering almost one quarter of New York’s superior court felony cases annually) can be analyzed and publicized. (shrink)

Much of the sustained attention on pandemic preparedness has focused on the ethical justification for plans for the “crisis” phase of a surge when, despite augmentation efforts, the demand for life...

Voprosy filosofii is publishing V. I. Danilov-Danil'ian's article "Is the ‘Coevolution of Nature and Society’ Possible?" in which he discusses at the same time the problems of sustainable development. It is a well-written, sharp polemic directed against my use of the concept "coevolution of nature and society." The article is reads easily and contains many interesting ideas. I believe it will spark the reader's interest, especially as it contains a number of debatable assertions, and may be regarded as the opening (...) of a debate on the problem of the coevolution of nature and society. A number of my works on this issue have been published and the fullest exposition of my position is contained in the monograph Sovremmenyi ratsionalizm, published in 1995. (shrink)

Background and assumptions. Persistence and philosophy of time ; Atomism and composition ; Scope ; Some matters of methodology -- Persistence, location, and multilocation in spacetime. Endurance, perdurance, exdurance : some pictures ; More pictures ; Temporal modification and the "problem of temporary intrinsics" ; Persistence, location and multilocation in generic spacetime ; An alternative classification -- Classical and relativistic spacetime. Newtonian spacetime ; Neo-Newtonian (Galilean) spacetime ; Reference frames and coordinate systems ; Galilean transformations in spacetime ; Special relativistic (...) spacetime ; Length contraction and time dilation ; Invariant properties of special relativistic spacetime -- Persisting objects in classical spacetime. Enduring, perduring, and exduring objects in Galilean spacetime ; The argument from vagueness ; From minimal D-fusions to temporal parts ; Motivating a sharp cutoff ; Some objections and replies ; Implications -- Persisting objects in Minkowski spacetime. Enduring, perduring, and exduring objects in Minkowski spacetime ; Flat and curved achronal regions in Minkowski spacetime ; Early reflections on persisting objects in Minkowski spacetime : Quine and Smart ; "Profligate ontology"? ; Is achronal universalism tenable in Minkowski spacetime? ; "Crisscrossing" and immanent causation -- Coexistence in spacetime. The notion of coexistence ; Desiderata ; Coexistence in Galilean spacetime ; Coexistence in Minkowski spacetime : CASH ; Alexandrov-Stein present and Alexandrov-Stein coexistence ; AS-Coexistence v. CASH : symmetry, multigrade, and objectivity ; As-coexistence v. CASH : relevance ; The mixed past of coexistence ; No need in the extended now -- Strange coexistence? Coexistence and existence@ ; The asymmetry thesis ; The absurdity thesis ; Collective CASH value of coexistence ; Collective existence@ and coexistence in classical spacetime ; Collective existence@ and coexistence in Minkowski spacetime ; Contextuality ; Chronological incoherence ; Some objections -- Shapes and other arrangements in Minkowski spacetime. How rigid is a granite block? ; Perspectives in space ; Perspectives in spacetime ; Are shapes intrinsic to objects? ; The causal objection ; The micro-reductive objection ; Pegs, boards, and shapes ; Perduring objects exist. (shrink)

There is a very sharp upsurge of interest in the West in the history of Russian conservative thought, particularly in its most outstanding figure, K. Leont'ev. Judge for yourself. In 1948 a monograph on him appeared in West Germany ; one appeared in the USA in 1952 ; and in Italy in 1957 . In 1966 he was inscribed in the "family of the very greatest Russian intellects," to which his large book, Scrittori Russi is devoted. Added to this is (...) N. Berdiaev's book K. N. Leont'ev, which has been translated into English and French, V. Zenkovsky's entire chapters on Leont'ev in his History of Russian Philosophy [Istoriia russkoi filosofii], 1948, and in his book Russian Thinkers and Europe [Russkie mysliteli i Evropa], 1955; and the chapters by the American historian E. Thaden, in his Conservative Nationalism in 19th Century Russia, Seattle, 1964. It thus becomes clear that Leont'ev has been forgotten in a strangely one-sided fashion. As we see, in the West he is not only not forgotten, but his ideas are, ever more obviously, becoming a powerful weapon in a very current ideological struggle. Superficial books written about him find a market. His thoughts are made the basis of very contemporary and dangerous notions. It turns out then that he has been forgotten only in our country. (shrink)

Research suggests that Canadian police officers are exposed to trauma at a greater frequency than the general population. This, combined with other operational stressors, such as risk of physical injury, high consequence of error, and strained resources, can leave officers less resilient to organizational stressors. In my experience, a significant and impactful organizational stressor is ineffective leadership, which include leaders who are non-supportive, inconsistent, egocentric, and morally ambiguous. Ineffective leadership in the context of paramilitary police culture has been recognized as (...) psychologically distressing. Further, moral injury may result when leadership fails to meet officers’ needs, expectations, and values. Ineffective leadership and resulting moral injuries are an understudied area in the literature. This review will help provide a comprehensive context of policing and the impact of ineffective leadership on police mental health. (shrink)