In this chapter Alessandro Capone’s claim as the intimate relationship between legal reasoning and indirect reports is investigated through looking at legal citation practices, use of case law, and statutory and constitutional interpretation. Capone’s thought is informed in the chapter through a reference to the work of Ronald Dworkin and Edward H. Levi. The conclusion of the chapter is that Capone is correct that use of indirect reporting in law is ubiquitous and therefore warrants careful study. Further, and opposite of (...) Dworkin’s hope for a univocal use of indirect reports, Levi’s analysis emphasizes the bottom-up, conversational and polyvocal aspects of legal reasoning as is noted by Capone. This in turn requires eliminating the hope for finding or imposing a determinate and univocal meaning on legal citation, case law, and statutory and constitutional interpretation. Instead, continuing dialogue is required. Indeed, legal process should try to include as many voices in the construction of meaning as possible. (shrink)

This report describes the rationale, approaches, organization, and resource development leading to a large-scale deletion bin map of the hexaploid wheat genome. Accompanying reports in this issue detail results from chromosome bin-mapping of expressed sequence tags representing genes onto the seven homoeologous chromosome groups and a global analysis of the entire mapped wheat EST data set. Among the resources developed were the first extensive public wheat EST collection. Described are protocols for sequencing, sequence processing, EST nomenclature, and the assembly of (...) ESTs into contigs. These contigs plus singletons were used for selection of distinct sequence motif unigenes. Selected ESTs were rearrayed, validated by 5′ and 3′ sequencing, and amplified for probing a series of wheat aneuploid and deletion stocks. Images and data for all Southern hybridizations were deposited in databases and were used by the coordinators for each of the seven homoeologous chromosome groups to validate the mapping results. Results from this project have established the foundation for future developments in wheat genomics. (shrink)

By 1910 the Cambridge University physiology department had become the kernel of British physiology. Between 1909 and 1914 an astonishing number of young and talented scientists passed through the laboratory. The University College department was also a stimulating place of study under the dynamic leadership of Ernest Starling.I have argued that the reasons for this metropolitan axis within British physiology lie with the social structure of late-Victorian and Edwardian higher education. Cambridge, Oxford, and University College London were national institutions attracting (...) students from all over England and Wales. In contrast, the provincial colleges drew their clientele from relatively narrow geographic radii. Generally, also, these institutions were regarded as socially inferior to the longer-established universities.A brief survey of the biographies of some British physiologists demonstrates how physiology, as an occupation, became, over the later decades of the century, socially elite. The scientists who achieved full-time posts in the 1870s generally came from somewhat marginal backgrounds. Foster, like his mentors T. H. Huxley and William Sharpey, came from a non-conformist family. Edward Schäfer was also a dissenter and, like Foster, began his professional career as a general practitioner.Physiologists of the succeeding generation, however, came from wealthy families with established intellectual traditions. John Scott Haldane, nephew of John Burdon Sanderson, was the brother of the politician R. B. Haldane and uncle of the historian A. R. B. Haldane.71 Joseph Barcroft was one of the most affluent of all physiologists.72 His family's wealth derived from linen manufacturing. He attended the Ley's School Cambridge, where his schoolmates included Henry Dale, later Director of the National Institute for Medical Research; F. A. Bainbridge, who eventually became Professor of Physiology at St. Bartholomew's Hospital; and the Cambridge historian J. H. Clapham. A. V. Hill, Professor of Physiology at Manchester and, subsequently, London, married Margaret Keynes, sister of John Maynard Keynes and niece of Sir Walter Langdon Brown, Professor of Physic at Cambridge. Margaret Keynes's younger brother, the surgeon Sir Geoffrey Keynes, married a granddaughter of Charles Darwin; their son Richard Keynes also became a physiologist at Cambridge.These families were part of a new class emerging during the late Victorian period, descendants of the great reforming radicals of the 1830s, who had begun to achieve power through positions in the universities, the professions, and the civil service. Their social prestige rested upon their intellectual expertise. Physiology was an appealing research discipline to these groups because of its clear dissociation from industry and commerce. And because physiology's “practical” face was medicine, its acceptability was reinforced by professional ties.The nature of the Physiological Society confirms this image of physiology as an elite science. By the turn of the century the Society had taken on some of the characteristics of a dining club. The scientific meetings were generally followed by dinner: if the Society met at Oxford, they were entertained at Burdon Sanderson's college, Magdalen.73 Through a “black ball” system, unwanted candidates could be excluded. In 1912, when the question of admitting foreigners was discussed, E. H. Starling wrote to Edward Schäfer: “the Society has very much in it the nature of a club, and a certain amount of personal knowledge of the candidate is always desirable.”74.The developing institutional structure of physiology in late Victorian Britain indicates, therefore, that we must look beyond the achievements of individuals and departments to understand why physiology flourished. The discipline became part of a new social order in which the professional middle classes assumed increasing power. These groups valued intellectual skill, especially in the pure scienes, as forces both for self-advancement and for progress within society. (shrink)

I argue, first, that the deprived individuals whose predicaments Nussbaum cites as examples of "adaptive preference" do not in fact prefer the conditions of their lives to what we should regard as more desirable alternatives, indeed that we believe they are badly off precisely because they are not living the lives they would prefer to live if they had other options and were aware of them. Secondly, I argue that even where individuals in deprived circumstances acquire tastes for conditions that (...) we regard as bad, they are typically better off having their acquired preferences satisfied. If they are badly off it is because they cannot get what we and they, would regard as more desirable alternatives. Preference utilitarianism explains why individuals in such circumstances are badly off whether they have adapted to their deprived circumstances or not. Even if they prefer the conditions of their lives to all other available alternatives, most would prefer alternatives that are not available to them which would, on the preferentist account, make them better off. And that, on the preferentist account, is the basis for a radical critique of unjust institutions that limit people's options and prevent them from getting what they want. (shrink)

Over ten years ago Professor A. E. Taylor pointed out that one of the most unfortunate effects of that philosophical conquest of England by Germany in the nineteenth century was the almost complete neglect of the great line of British moralists from Cumberland to Price. Little has been done since then to remedy this defect. There is a widespread study of Bishop Butler by students in our Universities, but as regards the other members of the series, there appear no (...) signs of a renaissance. The selections of Mr. Selby-Bigge are admirable, but they serve, as all selections from the authors of a period must, to focus attention on historical similarities, not to stimulate to an examination of individual philosophies. (shrink)

Presence as ordinarily understood requires spatio-temporal proximity. If however Christ’s presence in the Eucharist is understood in this way it would take a miracle to secure multiple location and an additional miracle to cover it up so that the presence of Christ where the Eucharist was celebrated made no empirical difference. And, while multiple location is logically possible, such metaphysical miracles—miracles of distinction without difference, which have no empirical import—are problematic. I propose an account of Eucharist according to which Christ (...) is indeed really and objectively present in the religiously required sense, without benefit of metaphysical miracles. According to the proposed account, which draws upon Searle’s discussion of “social ontology” in The Construction of Social Reality and The Making of the Social World, the presence of Christ in the Eucharist is an institutional fact. I argue that such an account satisfies the requirements for a real presence doctrine. (shrink)

_Rabghūzī’s_ _Stories of the Prophets_, written in Khwarezmian Turkish (14th century) contains an account of the life of the biblical prophets and of the Prophet Muḥammed.

Nozick’s Experience Machine thought experiment is generally taken to make a compelling, if not conclusive, case against philosophical hedonism. I argue that it does not and, indeed, that regardless of the results, it cannot provide any reason to accept or reject either hedonism or any other philosophical account of wellbeing since it presupposes preferentism, the desire-satisfaction account ofwellbeing. Preferentists cannot take any comfort from the results of such thought experiments because they assume preferentism and therefore cannot establish it. Neither can (...) anyone else, since only a preferentist should accept the terms of the thought experiment. (shrink)

The doctrine that Christ is really present in the Eucharist appears to entail that Christ's body is not only multiply located but present in different ways at different locations. Moreover, the doctrine poses an even more difficult meta-question: what makes a theological explanation of the Eucharist a ‘real presence’ account? Aquinas's defence of transubstantiation, perhaps the paradigmatic account, invokes Aristotelian metaphysics and the machinery of Scholastic philosophy. My aim is not to produce a ‘rational reconstruction’ of his analysis but rather (...) to suggest a metaphysically innocent alternative that will ‘save the phenomena’ of religious belief and practice.Send article to KindleTo send this article to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle. Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply. Find out more about the Kindle Personal Document Service.The real presenceVolume 49, Issue 1H. E. BABER DOI: https://doi.org/10.1017/S0034412512000121Your Kindle email address Please provide your Kindle [email protected]@kindle.com Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Dropbox To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox. The real presenceVolume 49, Issue 1H. E. BABER DOI: https://doi.org/10.1017/S0034412512000121Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Google Drive To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive. The real presenceVolume 49, Issue 1H. E. BABER DOI: https://doi.org/10.1017/S0034412512000121Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Export citation Request permission. (shrink)

It is difficult to reconcile claims about the Father's role as the progenitor of Trinitarian Persons with commitment to the equality of the persons, a problem that is especially acute for Social Trinitarians. I propose a metatheological account of the doctrine of the Trinity that facilitates the reconciliation of these two claims. On the proposed account, ‘Father’ is systematically ambiguous. Within economic contexts, those which characterize God's relation to the world, ‘Father’ refers to the First Person of the Trinity; within (...) theological contexts, which purport to describe intra-Trinitarian relations, it refers to the Trinity in toto-thus in holding that the Son and Holy Spirit proceed from the Father we affirm that the Trinity is the source and unifying principle of Trinitarian Persons. While this account is solves a nagging problem for Social Trinitarians it is theologically minimalist to the extent that it is compatible with both Social Trinitarianism and Latin Trinitarianism, and with heterodox Modalist and Tri-theist doctrines as well. Its only theological cost is incompatibility with the Filioque Clause, the doctrine that the Holy Spirit proceeds from both the Father and the Son—and arguably that may be a benefit. (shrink)

Prima facie, relative identity looks like a perfect fit for the doctrine of the Trinity since it allows us to say that the Father, Son and Holy Spirit, each of which is a Trinitarian Person, are the same God but not the same Person. Nevertheless, relative identity solutions to logic puzzles concerning the doctrine of the Trinity have not, in recent years, been much pursued. Critics worry that relative identity accounts are unintuitive, uninformative or unintelligible. I suggest that the relative (...) identity account is worth a second look and argue that it provides a coherent account of the doctrine of the Trinity. (shrink)

Rabgūzī’s Stories of the Prophets , written in Khwarezmian Turkish contains an account of the life of the biblical prophets and of the Prophet Muḥammed.

Dion is a human person, Lefty is his left foot, and Theon is Lefty-Complement, a proper part of Dion. Lefty is annihilated and Dion survives left-footless. After Lefty’s annihilation Theon, if he survives, occupies the same region as Dion. I suggest that this scenario be understood as a fusion case in which Dion and Theon, initially overlapping but distinct, are identical after Lefty’s annihilation and propose an account of proper names that allows us to say that Dion and Theon have (...) ‘become identical’ without commitment to occasional identity or other controversial metaphysical doctrines. The proposed solution employs the semantics developed by Wolfgang Schwarz to address the ‘paradox of occasional identity’, posed by puzzle cases of fission, to deal with the problem of Dion and Theon, a body-minus puzzle. (shrink)

Is Utilitarianism Bad for Women? Philosophers and policy-makers concerned with the ethics, economics, and politics of development argue that the phenomenon of ‘adaptive preference’ makes preference-utilitarian measures of well-being untenable. Poor women in the Global South, they suggest, adapt to deprivation and oppression and may come to prefer states of affairs that are not conducive to flourishing. This critique, however, assumes a questionable understanding of preference utilitarianism and, more fundamentally, of the concept of preference that figures in such accounts. If (...) well-being is understood as preference-satisfaction it is easy to see why poor women in the Global South are badly off: even if they do not desire more favorable conditions they nevertheless prefer them, and that preference is not satisfied. Preferentism provides a rationale for improving economic conditions and dismantling the unjust institutions that prevent them from climbing higher on their preference-rankings. Utilitarianism, therefore, insofar as utility is understood as preference satisfaction, is good for women. (shrink)

Popular images of rights almost always emphasize their protective qualities. But who is really protected? In this paper it is argued that contemporary rights talk, because of faulty underlying assumptions, systematically favors prejudice and big property interests. Further, once the mistaken assumptions are surrendered, and it is realized that all rights are affirmative, a less systematically misleading debate can be created within the realm of rights discourse.