Does the seller of a house have to tell the buyer that the water is turned off twelve hours a day? Does the buyer of a great quantity of tobacco have to inform the seller that the military blockade of the local port, which had depressed tobacco sales and lowered prices, is about to end? Courts say yes in the first case, no in the second. How can we understand the difference in judgments? And what does it say about whether (...) the psychiatrist should disclose to his patient's girlfriend that the patient wants to kill her? Kim Lane Scheppele answers the question, Which secrets are legal secrets and what makes them so? She challenges the economic theory of law, which argues that judges decide cases in ways that maximize efficiency, and she shows that judges use equality as an important principle in their decisions. In the course of thinking about secrets, Scheppele also explores broader questions about judicial reasoning--how judges find meaning in legal texts and how they infuse every fact summary with the values of their legal culture. Finally, the specific insights about secrecy are shown to be consistent with a general moral theory of law that indicates what the content of law should be if the law is to be legitimate, a theory that sees legal justification as the opportunity to attract consent. This is more than a book about secrets. It is also a book about the limits of an economic view of law. Ultimately, it is a work in constructive legal theory, one that draws on moral philosophy, sociology, economics, and political theory to develop a new view of legal interpretation and legal morality. (shrink)

An important feature of some recent jurisprudential writings is the tendency to reject the precept of liberal individualism which affirms the priority of the principles of the "right conduct" over the substantive conceptions of "the good". This rejection, explicit in a recent book by Rogers M. Smith, and implicit in a recent work by Guido Calabresi, leads to strikingly illiberal consequences; hence, this provides indirect confirmation that the priority of the right over the good constitutes the most reliable defense of (...) individual liberty against majoritarian oppression. In Smith, an attempt to replace this priority with the principle of "rational liberty" leads to the disappearance of the guarantees of minority rights against orthodox majorities; in Calabresi, the doctrine of weighing and balancing competing moral principles of "the good" fails to provide an explanation for the strongly held moral intuition that some external preferences have to be disqualified at the outset, before they enter the forum of moral bargaining. (shrink)

Twenty years after the outbreak of the threat posed by international jihadist terrorism, which triggered the need for democracies to balance fundamental rights and security needs, 9/11 and the Rise of Global Anti-Terrorism Law offers an overview of counter-terrorism and of the interplay among the main actors involved in the field since 2001. This book aims to give a picture of the complex and evolving interaction between the international, regional and domestic levels in framing counter-terrorism law and policies. Targeting scholars, (...) researchers and students of international, comparative and constitutional law, it is a valuable resource to understand the theoretical and practical issues arising from the interaction of several levels in counter-terrorism measures. It also provides an in-depth analysis of the role of the United Nations Security Council. (shrink)

Standards of reasonability play an important role in some of the most difficult cases of rape. In recent years, the notion of the reasonable person has supplanted the historical concept of the reasonable man as the test of reasonability. Contemporary feminist critics like Catharine MacKinnon and Kim Lane Scheppele have challenged the notion of the reasonable person on the grounds that reasonability standards are gendered to the ground and so, in practice, the reasonable person is just the reasonable (...) man in a gender neutral guise. These critics call for the explicit employment of a reasonable woman standard for application to the actions of female victims of rape. But the arguments for abandoning a gender-neutral standard are double-edged and the employment of gendered standards of reasonability is likely to have implications that are neither foreseen by, nor acceptable to, advocates of such standards. Reasonable agent standards can be dropped, in favor of appeals to the notion of a reasonable demand by the law. However, if reasonable agent standards are to be retained, gendered versions of such standards are not preferable to gender-neutral ones. (shrink)

Standards of reasonability play an important role in some of the most difficult cases of rape. In recent years, the notion of the ``reasonable person'' has supplanted the historical concept of the ``reasonable man'' as the test of reasonability. Contemporary feminist critics like Catharine MacKinnon and Kim Lane Scheppele have challenged the notion of the reasonable person on the grounds that reasonability standards are ``gendered to the ground'' and so, in practice, the reasonable person is just the reasonable (...) man in a gender neutral guise. These critics call for the explicit employment of a ``reasonable woman'' standard for application to the actions of female victims of rape. But the arguments for abandoning a gender-neutral standard are double-edged and the employment of gendered standards of reasonability is likely to have implications that are neither foreseen by, nor acceptable to, advocates of such standards. Reasonable agent standards can be dropped, in favor of appeals to the notion of a ``reasonable demand (or expectation)'' by the law. However, if reasonable agent standards are to be retained, gendered versions of such standards are not preferable to gender-neutral ones. (shrink)

Standards of reasonability play an important role in some of the most difficult cases of rape. In recent years, the notion of the “reasonable person” has supplanted the historical concept of the “reasonable man” as the test of reasonability. Contemporary feminist critics like Catharine MacKinnon and Kim Lane Scheppele have challenged the notion of the reasonable person on the grounds that reasonability standards are “gendered to the ground” and so, in practice, the reasonable person is just the reasonable (...) man in a gender neutral guise. These critics call for the explicit employment of a “reasonable woman” standard for application to the actions of female victims of rape. But the arguments for abandoning a gender-neutral standard are double-edged and the employment of gendered standards of reasonability is likely to have implications that are neither foreseen by, nor acceptable to, advocates of such standards. Reasonable agent standards can be dropped, in favor of appeals to the notion of a “reasonable demand (or expectation)” by the law. However, if reasonable agent standards are to be retained, gendered versions of such standards are not preferable to gender-neutral ones. (shrink)

This book, based on Jaegwon Kim's 1996 Townsend Lectures, presents the philosopher's current views on a variety of issues in the metaphysics of the mind...

For millennia self has been conjectured to be necessary for consciousness. But scant empirical evidence has been adduced to support this hypothesis. Inconsistent explications of “self” and failure to design apt experiments have impeded progress. Advocates of phenomenological psychiatry, however, have helped explicate “self,” and employed it to explain some psychopathological symptoms. In those studies, “self” is understood in a minimalist sense, sheer “for-me-ness.” Unfortunately, explication of the “minimal self” (MS) has relied on conceptual analysis, and applications to psychopathology have (...) been hermeneutic, allowing for many degrees of interpretive latitude. The result is that MS’s current scientific status is analogous to that of the “atom,” at the time when “atom” was just beginning to undergo transformation from a philosophical to a scientific concept. Fortunately, there is now an opportunity to promote a similar transformation for “MS.” Discovery of the brain’s Default Mode Network (DMN) opened the door to neuroimaging investigations of self. Taking the DMN and other forms of intrinsic activity as a starting point, an empirical foothold can be established, one that spurs experimental research and that enables extension of research into multiple phenomena. New experimental protocols that posit “MS” can help explain phenomena hitherto not thought to be related to self, thereby hastening development of a mature science of self. In particular, targeting phenomena wherein consciousness is lost and recovered, as in some cases of Unresponsive Wakefulness Syndrome (UWS), allow for design of neuroimaging probes that enable detection of MS during non-conscious states. These probes, as well as other experimental protocols applied to NREM Sleep, General Anesthesia (GA), and the waking state, provide some evidence to suggest that not only can self and consciousness dissociate, MS might be a necessary precondition for conscious experience. Finally, these findings have implications for the science of consciousness: it has been suggested that “levels of consciousness” (LoC) is not a legitimate concept for the science of consciousness. But because we have the conceptual and methodological tools with which to refine investigations of MS, we have the means to identify a possible foundation—a bifurcation point—for consciousness, as well as the means by which to measure degrees of distance from that foundation. These neuroimaging investigations of MS position us to better assess whether LoC has a role to play in a mature science of consciousness. (shrink)

Augustine is the person from the ancient world about whom we know most. He is the author of an intimate masterpiece, the Confessions, which continues to delight its many admirers. In it he writes about his infancy and his schooling in the classics in late Roman North Africa, his remarkable mother, his sexual sins ('Give me chastity, but not yet,' he famously prayed), his time in an outlawed heretical sect, his worldly career and friendships and his gradual return to God. (...) His account of his own eventual conversion is a classic study of anguish, hesitation and what he believes to be God's intervention. It has inspired philosophers, Christian thinkers and monastic followers, but it still leaves readers wondering why exactly Augustine chose to compose a work like none before it. Robin Lane Fox follows Augustine on a brilliantly described journey, combining the latest scholarship with recently found letters and sermons by Augustine himself to give a portrait of his subject which is subtly different from older biographies. Augustine's heretical years as a Manichaean, his relation to non-Christian philosophy, his mystical aspirations and the nature of his conversion are among the aspects of his life which stand out in a sharper light. For the first time Lane Fox compares him with two contemporaries, an older pagan and a younger Christian, each of whom also wrote about themselves and who illumine Augustine's life and writings by their different choices. More than a decade passed between Augustine's conversion and his beginning the Confessions. Lane Fox argues that the Confessions and their thinking were the results of a long gestation over these years, not a sudden change of perspective, but that they were then written as a single swift composition and that its final books are a coherent consummation of its scriptural meditation and personal biography. This exceptional study reminds us why we are so excited and so moved by Augustine's story. Praise for Pagans and Christians 'This open-hearted and learned book is one that any scholar of the ancient world and of early Christianity would be proud to have written... Lane Fox has opened his pages to let in an entirely new world.' Peter Brown, New York Review of Books 'A work of generous humanity and recondite erudition... of consuming interest to all of us who want to know and understand the consequences of the ancient world.' Henry Chadwick, Financial Times Praise for The Unauthorised Version 'I don't know where one would turn for an account of the Bible so clear, so lively and, in many respects, so just.' Frank Kermode, Guardian 'Magnificent... delivered with authority and verve. Learned but never pedantic, he is an unfailingly incisive, thought-provoking, humane, courteous, and often entertaining guide.' Economist. (shrink)

Where do our ideas about politics come from? What can we learn from the Greeks and Romans? How should we exercise power? Melissa Lane teaches politics at Princeton University, and previously taught political thought at the University of Cambridge, where she was a Fellow of King's College. She has received a Guggenheim Fellowship in the field of classics, and the historian Richard Tuck called her book Eco-Republic 'a virtuoso performance by one of our best scholars of ancient philosophy.'.

In the ultimate meeting of the sublime with the ridiculous" (London Evening Standard) My Beautiful Despair blends the existential philosophy of Søren Kierkegaard with the superficial musings of Kim Kardashian West, based on the popular Twitter feed @KimKierkegaard. The love child of Søren Kierkegaard and Kim Kardashian, the @KimKierkegaard Twitter account has been admired, praised, and adored in The New Yorker, The Washington Post, The New York Times, Financial Times, The Economist, New York, Buzzfeed, and more, and has amassed nearly (...) a quarter of a million Twitter followers, including J.K. Rowling and Anna Kendrick. A mash-up of Kim's tweets and observations with Kierkegaard's philosophy, Kim Kierkegaardashian shares their musings on fashion, beauty, brunch, and the relentless waves of existential dread that wash over us day after day. Now in a humorous, illustrated gift book, perfectly suited for our existential times, Kierkegaardashian's philosophical insights are juxtaposed for the first time with Dash Shaw's brilliant black-and-white illustrations. A sample of the revelations included in My Beautiful Despair include: - I have majorly fallen off my workout-eating plan! AND it's summer. But to despair over sin is to sink deeper into it. - Obsessed with protecting your skin, lips, hair & face from the sun? Close the cover of the coffin tight, really tight, and be at peace. - I like my men like I like my coffee: a momentary comfort in the midst of all my suffering. - What is the operation by which a self relates itself to its own self, transparently? Selfie. - What if everything in life were a misunderstanding, what if laughter were really tears? Scared LOL!! - Glamour, menswear, top hat. (shrink)

In this paper, I offer a novel account of entrapment. This account suggests that the wrongness of pursuing punishment in cases of entrapment consists of two distinct components, one concerning the culpability of the entrapped defendant and the other concerning the legitimacy of the entrapping state to prosecute crimes that it has effectively created. Distinguishing these two components of entrapment, I explain, helps to clarify the moral issues at stake and to resolve some confusions and debates in existing legal analyses (...) of entrapment. (shrink)

A new reading of Plato’s political thought Plato famously defends the rule of knowledge. Knowledge, for him, is of the good. But what is rule? In this study, Melissa Lane reveals how political office and rule were woven together in Greek vocabulary and practices that both connected and distinguished between rule in general and office as a constitutionally limited kind of rule in particular. In doing so, Lane shows Plato to have been deeply concerned with the roles and (...) relationships between rulers and ruled. Adopting a longstanding Greek expectation that a ruler should serve the good of the ruled, Plato’s major political dialogues—the Republic, the Statesman, and Laws—explore how different kinds of rule might best serve that good. With this book, Lane offers the first account of the clearly marked vocabulary of offices at the heart of all three of these dialogues, explaining how such offices fit within the broader organization and theorizing of rule. Lane argues that taking Plato’s interest in rule and office seriously reveals tyranny as ultimately a kind of anarchy, lacking the order as well as the purpose of rule. When we think of tyranny in this way, we see how Plato invokes rule and office as underpinning freedom and friendship as political values, and how Greek slavery shaped Plato’s account of freedom. Reading Plato both in the Greek context and in dialogue with contemporary thinkers, Lane argues that rule and office belong at the center of Platonic, Greek, and contemporary political thought. (shrink)

Global Literary Theory: An Anthology comprises a selection of classic, must-read essays alongside contemporary and global extracts, providing an engaging and timely overview of literary theory. The volume is thoroughly introduced in the General Introduction and Section Introductions and each piece is contextualised within the wider sphere of global theory. Each section also includes annotated suggestions for further reading to help the reader navigate the extensive literature on each topic. The volume engages with the 'internationalising' of the curriculum as well (...) as the globalization of literature and theory. Alongside these key themes, the volume also extends its coverage to include: The core topics and theorists from formalism and structuralism to post-modernism and deconstruction Digital humanities and humanities computing and their relevance to globalization and literary theory The religious turn in literary theory and philosophy New textualities such as auto/biography, travel writing and ecocritcism Oppositional texts which 'write back' against the canon In addition, the book's Companion Website features an interactive world map incorporating biographies of every theorist in the book, as well as biographies of additional influential theorists. Crucially, this anthology shows that ethnic, postcolonial studies and globalization are not simply niche areas of literary study but are of concern across the contemporary humanities and that new voices are always emerging, and being discovered, from around the globe. As such, this volume offers a refocusing of essential literary theory, extending the canon in line with ongoing debates concerning contemporary cultural and geographic borders. (shrink)

Although informed consent is important in clinical research, questions persist regarding when it is necessary, what it requires, and how it should be obtained. The standard view in research ethics is that the function of informed consent is to respect individual autonomy. However, consent processes are multidimensional and serve other ethical functions as well. These functions deserve particular attention when barriers to consent exist. We argue that consent serves seven ethically important and conceptually distinct functions. The first four functions pertain (...) principally to individual participants: (1) providing transparency; (2) allowing control and authorization; (3) promoting concordance with participants' values; and (4) protecting and promoting welfare interests. Three other functions are systemic or policy focused: (5) promoting trust; (6) satisfying regulatory requirements; and (7) promoting integrity in research. Reframing consent around these functions can guide approaches to consent that are context sensitive and that maximize achievable goals. (shrink)

In 2018, William Lane Craig and Erik J. Wielenberg participated in a debate at North Carolina State University, addressing the question: "God and Morality: What is the best account of objective moral values and duties?" Craig argued that theism provides a sound foundation for objective morality whereas atheism does not. Wielenberg countered that morality can be objective even if there is no God. This book includes the full debate, as well as endnotes with extended discussions that were not included (...) in the debate. It also includes five chapters by other philosophers who have written substantive responses to the debate - J. P. Moreland, David Baggett, Mark Linville, Wes Morriston, and Michael Huemer. The book provides crucial resources for better understanding moral realism and its dependence on, or independence from, theistic foundations. Key Features A valuable debate about whether or not God is the best explanation for objective morality, bringing together theists and atheists working on the same subject who normally are not in conversation with each other. Includes clear coverage of ontological and epistemological issues in metaethical theories, focusing on Divine Command Theory and Non-natural Robust Moral Realism. Engaging and accessible throughout, making the book well suited for undergraduate and seminary classrooms. (shrink)

Direction of fit theories usually claim that beliefs are such that they “aim at truth” or “ought to fit” the world and desires are such that they “aim at realization” or the world “ought to fit” them. This essay argues that no theory of direction of fit is correct. The two directions of fit are supposed to be determinations of one and the same determinable two-place relation, differing only in the ordering of favored terms. But there is no such determinable (...) because of ineliminable asymmetries between the way that beliefs “aim at truth” and the way that desires “aim at realization.” This essay traces the ills of direction of fit theory to a misunderstanding of Anscombe and proposes a cure that distinguishes theoretical and practical thought by appeal to a distinction between thought in the form of a state and thought in the form of an event. (shrink)

This chapter contains sections titled: Zack's Sensitivity Zack's Race Zack's Desire Zack's Violence Music Conclusion Notes.

[1] Philosophical arguments for the finitude of the past -- [2] Scientific evidence for the beginning of the universe.

Change is inevitable, and increasingly rapid and continuous in healthcare as organizations strive to adapt, improve and innovate. Organizational change challenges healthcare providers because it restructures how and when patient care delivery is provided, changing ways in which nurses must carry out their work. The aim of this doctoral study was to explore frontline nurses’ experiences of living with rapid and continuous organizational change. A critical hermeneutic approach was utilized. Participants described feeling voiceless, powerless and apolitical amidst rapid and continuous (...) organizational changes which fuelled apathy, cynicism and disengagement from the organization. However, critical analysis of the data showed that nurses actively engaged with power, voice and politics through resistant and transgressive behaviours in micro‐ethical moments of practice. There is a need to reconceptualize the concepts of voice, power and politics in nursing as there is dissonance between nurses’ beliefs about these concepts and what they are enacting in practice. Recognizing their enactment of power, voice and political agency at the micro‐level may empower nurses. Empowerment would mitigate the high levels of reports of powerlessness experienced in practice during organizational changes. (shrink)

Infallibilism leads to skepticism, and fallibilism is plagued by the threshold problem. Within this narrative, the pragmatic turn in epistemology has been marketed as a way for fallibilists to address the threshold problem. In contrast, pragmatic versions of infallibilism have been left unexplored. However, I propose that going pragmatic offers the infallibilist a way to address its main problem, the skeptical problem. Pragmatic infallibilism, however, is committed to a shifty view of epistemic certainty, where the strength of a subject’s epistemic (...) state can vary depending upon the practical context. Pragmatic views of epistemic strength are quite radical so the argumentative goal of my discussion is to argue for its plausibility, thereby arguing for the plausibility of pragmatic infallibilism. To do so, I discuss the role that the framing of decision problems and the construction of our deliberative attitudes have in our theories of rational choice. And I explore a way in which these necessary components of a normative theory of rationality can be used to motivate pragmatic views of evidential support. Finally, since the plausibility of our pragmatic account will depend upon the plausibility of a constructive account of rational choice, I conclude by comparing the adequacy of the constructive account with orthodox Bayesian and knowledge-based accounts. (shrink)

필자는 본 논문에서 귀납의 문제와 관련하여 흄이 『인성론』 1권에서 이성을 통하여서는 이를 정당화 할 수 없다고 주장한 것으로 해석하는 기존의 회의주의적 해석을 비판적으로 검토한다. 필자의 견해에 따르면, 흄이 『인성론』 1권에서 비판의 대상으로 삼고 있는 것은 인과 추론의 정당성 문제 그 자체가 아니라, 무비판적으로 받아들여져 온 무오류적 이성 개념이다. 흄은 이 무오류적 이성 개념을 부정하고, 이성을 넓은 의미에서의 상상력 아래로 포섭 시킨 후, 그 안에서 무작위로 작동하는 좁은 의미에서의 상상력과 개연성의 논리에 따라 작동하는 이성을 구분함으로써, 인과 추론을 정당화하는 새로운 길을 열고 (...) 있다. 따라서, 흄은 『인성론』 1권에서 인과 추론의 정당성을 부정하고 더 나아가 총체적 회의주의로 빠져드는 것이 아니라, 이성 개념을 새롭게 정립함으로써 오히려 총체적 회의 주의로 빠지지 않고 새로운 방식으로 인과 추론의 정당성을 확보하는 시도를 하고 있는 것이다. 이와 같은 필자의 해석은 『인성론』 1권과 『인성론』 2권, 3권을 단절적으로 해석하지 않고, 오히려 『인성론』 1권에서의 논의가 『인성론』 2권과 3권의 초석이 되어줌을 잘 드러내 보여준다. 다시 말해, 흄이 『인성론』 1권에서 주장하는 바, “우리의 감각들을 넘어서서 추적될 수 있고, 우리가 볼 수 없고 느낄 수 없는 존재들과 대상들을 우리들에게 알려주는 유일한 것은 인과이다”라고 하는 흄의 언명이 『인성론』 2권과 3권에서의 대상 세계에 대한 논의의 출발점이 되어주는 것이다. -/- This paper argues against the common interpretation that, in Book I of the Treatise, Hume attempts to show that inductive arguments concerning matters of fact cannot be justified by reason. It is true that he argues that inductive arguments cannot be justified by the traditional concept of infallible reason. However, it is important to note that contra to the traditional understanding of reason as infallible, he takes it to be open to errors by classifying it under the category of imagination in a broad sense. He then makes a distinction between reason as “the general and more establish’d properties of the imagination” and imagination as a narrow sense. From this, the paper concludes he attempts to justify inductive arguments concerning matters of fact by redefining reason as open to errors. That is, although inductive arguments cannot be justified by probable reasoning in terms of the traditional concept of infallible reason, the former can be justified by the logic of probability, which he calls “general rules” in terms of Hume’s concept of error-prone reason. (shrink)

Che 1-p'yŏn. Ch'ŏndo wa inbŏp (inbŏpch'ŏn) -- 1. Kodae Chungguk ŭi inbŏpch'ŏn ch'ŏrhak sasang -- 2. Sŏnjin sidae ch'ŏnmyŏnggwan ŭi chŏn'gae -- 3. Sŏnjin sidae chŏnt'ong chaeigwan -- 4. Kunju wa minbon : Sŏnjin sidae kunju, minbollon kwa chŏhang, hyŏngmyŏng sasang -- 5. Ch'ŏndo ŭi naeyong kwa inbŏp ŭi panyŏng - Che 2-p'yŏn. Hangsang kwa pyŏnhwa -- 1. To ŭi hangsangsŏng kwa pyŏnhwasŏng -- 2. Pŏp ŭi hangsangsŏng kwa pyŏnhwasŏng -- 3. Pŏpchesasang hangsang kwa pyŏnhwa -- 4. Ch'im Ka-bon kwa (...) Yang Kye-ch'o ŭi pyŏnbŏmnon pigyo -- Che 3-p'yŏn. P'yŏnghwa ŭi pŏp kwa yebang pŏphak : punjaeng ŭi p'yŏnghwa haegyŏl kwa yebang. (shrink)

The question of justice -- Foundational matters -- Plato: a moral universe -- Aristotle: the virtuous life -- The inquiry into justice -- The moral inquiry -- Values -- The nature of the polity -- Debates of justice -- The nature of justice -- Individual rights and responsibilities -- International relations -- Future lives.